guesswho
03-13 04:58 PM
Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
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yabadaba
06-24 12:41 PM
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
Sunx_2004
10-05 03:17 PM
Any one have any more info. on this type of case, Please share.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
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chenche19
04-01 09:20 PM
Hi, thanks for the response. I will update my profile. I just joined the forum today.
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
Yes, the reason of the denial is the lack of initial evidence... my MTR addressed those items so I hope the MTR will be approved.
My notice of action on my MTR was received in a week and a half after I submitted my MTR - by the way, I submitted it as a MTR and I got a receipt saying it's a MOTIC.
I did file my I-140 and I-485's (mine's and my wife's) concurrently and my receipt dates is July 13, 2007 -the infamouse visa gate period-. i filed my applications to the Texas Center.
My I-140 was approved on November 08' after an RFE.
adibhatla,
what's your I-485 receipt date?
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waitin_toolong
08-16 05:57 PM
you dont need to have ssn in hand to start work only EAD. Apply for SSn and the employer will be handed over docs of application, it takes 4-6 weeks to get the card.
if she already has TIN then do inform irs of the change and paprfile tax returns next year
if she already has TIN then do inform irs of the change and paprfile tax returns next year
perm2gc
12-18 10:12 PM
yes...one area where we wholeheartedly support them :)
will they join hands with us ..:rolleyes:
will they join hands with us ..:rolleyes:
more...
DSLStart
10-01 09:30 AM
search forums here, people haven't gotten their FP renewal notices even after requesting number of times to USCIS. Request from congress member compels uscis to move their butt.
Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...
Congressman for FP, you may want to contact USCIS first. They may not expedite your I-485 but they are good in sending these things...
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monkeyman
11-18 09:23 AM
These responses are based on my experience:
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
more...
rajeshalex
03-14 09:15 PM
Hi All,
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
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MetteBB
05-11 01:51 PM
and finally... the apples again
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GCAmigo
02-09 01:02 PM
Pardon my ignorance.
What is op-ed ?
http://en.wikipedia.org/wiki/Op-ed
~GCA
What is op-ed ?
http://en.wikipedia.org/wiki/Op-ed
~GCA
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snhn
12-13 09:13 AM
From Austin. In for whatever. Let me know How can I be helpful
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h1-b forever
04-27 08:24 AM
I want to know if some of us knew of Green card wait time when we applied or came to USA?
what difference does that make?
Question is, now that you know how long the gc process takes, you are still here............Cribbing maybe, but still here..........
So, it does not matter what you knew at the time of coming here.
what difference does that make?
Question is, now that you know how long the gc process takes, you are still here............Cribbing maybe, but still here..........
So, it does not matter what you knew at the time of coming here.
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xgoogle
06-23 09:08 AM
I had applied under EB-2 category and my priority date is: 3/3/2006.
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
My I-485 was filed on 8/2/2007.
My I-485 was approved and I received my Green Card on Aug 15th 2008. Surprisingly and rather unfortunately, there was no action on my wife's I-485. My wife�s case was submitted with my own case on 8/2/07. The TSC at that time reported that �normal� processing time is 7/16/2007. So basically I got mine out of turn or by chance. The TSC protocol permits attorneys to inquire regarding the status of an I-485 beyond normal processing time if the receipt date is more than 30 days beyond the published processing date. So we could not inquire about my wife's application and soon the priority date changed back.
She has an EAD approved until Oct 2010. She is currently employed. I am also employed with my first company and have been with them for 5 yrs now.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
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kdprasad
07-17 05:57 PM
THANKS IV and
CONGRATULATIONS TO EVERYONE
CONGRATULATIONS TO EVERYONE
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gc_kosam
06-02 02:09 PM
Guru's,
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
Please Guru's share your thoughts.
Thanks in Advance
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
Please Guru's share your thoughts.
Thanks in Advance
more...
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rbharol
08-22 02:14 PM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
Thanks. Moreover the fact that the unused visas shall be carried forward too should help.
Specially the ones unused from 2001 to 2005.
Does anybody know was is the number of unused visas from 2001 to 2005.
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Axilleus
11-01 11:26 AM
It is getting close. Card Production email received on 10/24/07 but I am still waiting for my EAD. Supposed to start working on Monday.....
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jasmin45
07-16 09:21 PM
BTW....one can now apply directly to NSC or TSC as per the state they are applying from. This memo became effective June 21 and is mandatory starting July 30.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
Just wanted to add to this post.
Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.
see http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
So there is now a choice till July 30 for everybody's kind information!
Just wanted to add to this post.
Though the effective date for "Direct filing" is July 30th, USCIS also mention that they will not reject any applications received in NSC until August 29th 2007.. This provides some more time. something to keep in mind while sending application.
veni001
02-06 09:46 PM
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortuous Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.
Shujaat
05-14 02:43 PM
Hi
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