dreamworld
11-06 03:53 PM
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
If you have the i485 receipt notice, you file EAD by yourself. but to file i485 you need you PD to be current.
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
If you have the i485 receipt notice, you file EAD by yourself. but to file i485 you need you PD to be current.
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GC08
07-08 08:37 PM
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?
I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?
Friend
02-15 10:45 AM
We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.
I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.
My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.
My wife doesn't get her receipt 485 number I am not able to use my EAD.
Can any body suggest how to approach this case? Or is any one face same issue.
Thanks.
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ImmigrationAnswerMan
07-24 03:42 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
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seahawks
06-27 02:58 PM
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Reviewed all forms today. Attorney said if 485 form is correct, not to worry, go for FP and show all your proof.. but then I found out 485 form was wrong too, so waiting to hear from him.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Reviewed all forms today. Attorney said if 485 form is correct, not to worry, go for FP and show all your proof.. but then I found out 485 form was wrong too, so waiting to hear from him.
Sakthisagar
02-24 03:25 PM
I think it is like this, if you apply before hand like 6 month before your Visa expiring date your chances of getting an RFE for client letter is minimal, provided you stick to the same employer and all necessary documents like paystubs, tax pay reciept etc, is submitted.
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
If you apply for Premium Processing, SURE HIT you will get RFE for the END client contract copy...
I have got only for an year extension last Sept 2009 --[total 10 years in US--changed my H1B company on 2003] -applied on Premium processing,--I-140 approved Jun 2005, missed the July 2007 fiasco... I am planning to apply on ordinary on April 2010 again.
So Key is do not go for Premium Processing if you could, apply 6 months before your H1B visa expires, inform the end client and vendor that you need a contract copy send it to USCIS if there is an RFE, if they cannot give you the copy for business reasons. Be Ready to reply the RFE.
Good Luck to all, and I wish all of us to be on EAD, before this 2010 year end.
May GOD Bless
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pappu
03-01 08:02 PM
Its been a long time since a conf call is organized. Could you all pls. organize the call and start action items. Thanks
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rkotamurthy
02-14 06:13 PM
^^ Bump
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eb3retro
04-17 04:44 PM
I didnt sign this petition.
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intheyan
08-20 02:34 PM
The same here. The primary got approved and the dependent is still pending.
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GCBy3000
05-19 09:35 AM
Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
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qualified_trash
11-15 01:27 PM
you have a expired I-94 and a h1B which is valid
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
How can you have an expired I94 and valid H1B? It is technically not possible.
When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory
That is how you were able to travel!!!!!!!
As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
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eb3retro
06-17 04:33 PM
u r right, green for you...
Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.
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leoindiano
07-09 01:08 PM
Guys,
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?
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kaisersose
06-02 01:32 PM
Isnt all that in picture only when you are travelling outside ?
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
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uma001
04-15 02:08 PM
Hi
Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect
I second that Senthil
Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect
I second that Senthil
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amulchandra
11-10 04:13 PM
This is my personal experience.
I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.
I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.
Hope this helps
Amul
I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.
I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.
Hope this helps
Amul
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rolrblade
03-18 08:14 AM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
Answers below:
1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
2. I have used AC21 before. Have not done EAD renewal yet.
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waitnwatch
06-01 04:54 PM
Just a thought. If wishes were horses......
While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.
A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.
I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.
(a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
(b) Would you first see the current bill to the end and then consider other options only if it dies.
While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.
A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.
I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.
(a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
(b) Would you first see the current bill to the end and then consider other options only if it dies.
mdforgc
02-23 05:43 AM
I had the same experience when I was trying to arrange state volunteers for IV to meet the lawmaker, I was asked questions to the same effect.. What and howmuch of IV resources are being spent for labor backlog elimination? It is stated in the agenda on the home page. A webfax for a letter writing campaing was suppsed to start, but has not started yet. I think IV should work onputting up the letter on the site for people to use to send to lawmakers.
chanduv23
09-04 04:14 PM
Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
Usually they send 2 copies - one to your home address and another to your Attorney. Always make sure your current address is on file with USCIS
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