cool_desi_gc
11-18 04:45 PM
Hey,
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ? It is not 180 days from the EAD reciept.Correct me ?
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sjhugoose
February 20th, 2004, 11:46 AM
Oooops, too late. All got before lunch break. Next will be better and cheaper.
Steven
So close, So close
Steven
So close, So close
gc_on_demand
08-05 04:34 PM
If you start now and if get ur labor in 2-3 months chances are good for Eb2 that dates will be close to current by end of next year. So u can have EAD.
If congress passes HR 5882 then Eb3 should be current. Depends on company I 140 is not taking more than 1 year average for non concurrent filling.
Assuming some relief to EB community Eb2 will take 2-2.5 years and Eb3 may take upto 4 years. Everything is based on assumption here.
To get GC you need to be in line sooner or later then why not now..
If congress passes HR 5882 then Eb3 should be current. Depends on company I 140 is not taking more than 1 year average for non concurrent filling.
Assuming some relief to EB community Eb2 will take 2-2.5 years and Eb3 may take upto 4 years. Everything is based on assumption here.
To get GC you need to be in line sooner or later then why not now..
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waitingGC
03-21 10:58 AM
My wife will apply for H1 this April. I also have some questions:
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
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dessoya
10-07 07:39 AM
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joydiptac
04-14 02:58 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
more...
merletta
July 14th, 2006, 12:48 PM
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ON SALE TWO TICKETS FOR MADONNA'S CONCERT IN ROME
THE 6tH AUGUST 2006.
OLYMPIC STADIUM IN ROMA
SECTOR = CURVA NORD
PRICE FOR 2 TICKETS = 240 EURO
I SEND WITH INTERNATIOL POST AFTER THE PAYMANT
PAYMENT WITH PAYPAL OR BANK TRANSFER
FOR FURTHERT QUESTION
merletta@email.it
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mohitb272
03-19 03:05 PM
There are several instances when a denial notice was sent, but the website continued to show the status as pending.
So if a denial letter has been received, then the website status means nothing.
Who would get the denial notice? The company or the attorney?
My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.
So if a denial letter has been received, then the website status means nothing.
Who would get the denial notice? The company or the attorney?
My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.
more...
nsync1979
06-18 02:22 PM
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
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pvganesh
10-24 11:42 AM
Thanks Ann Ruben.
My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.
We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".
Thanks
PVGanesh
My PERM application requires experience as a 'systems analyst' in XYZ technology and i have experience/affidavit letters reflecting progressive experience in XYZ technology from last 7 years with minor difference in wording of job duties.
We are seeking EB2 classification based on "five years of progressively responsible experience", i also have certifications in XYZ technology from last 3 to 4 years (not before starting work in XYZ technology) but i'm not sure if including these will help/complicate the case.. Could you please advise..Also, please give any additional points to take care while filing 140 with EB2 classification based on "five years of progressively responsible experience".
Thanks
PVGanesh
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pd_recapturing
04-28 08:32 AM
I also exactly same cris email as legal_A_IN_limbo yesterday. My employer revoked my H1B.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
Do not go by wordings of this message. I have not heard any message that says that previously approved H1B is revoked. I think, this is standard message that indicates that H1B has been revoked.
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rajivkumarverma
10-15 09:39 PM
No I did MS in computer Science from here only
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Tantra
07-26 01:52 PM
http://www..com/usa-immigration-trackers/i485-tracker1/
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
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maddipati1
07-30 08:02 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
sush, my 140 was filed in 04/2007, i upgraded it PP on exact date 18thJun'07 and my 140 was approved on 26thJun'07. They have to approve 140 PP in 15 calendar ( not business ) days.
but, the PP approval status won't be updated in their website ( case status online ). It still shows mine as 'PP requested'. But my employer got courtesy copy of 140 approval notice in just a few days and a week later my attorney got the original 140 approval.
so talk to your employer and attorney. im sure they must have received it.
good luck
S
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crystal
08-16 06:00 PM
That is incorrect.
Both are different.
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
Both are different.
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
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06-22 07:25 PM
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santosh08872
12-02 10:06 PM
Thanks for sharing the great news, I am going to join on EAD for new job and at least one thing less to think about.
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rajenk
01-13 12:08 PM
First try to get a copy of your approved EB3 I-140 through FOIA request with USCIS, this could be a time consuming task. If you are lucky you might get this in 30 days. But heard in the forum that it was even lesser than 30 days they got a copy.
Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.
Good luck
Raj:)
Once you have the copy of I-140, If by the EB3 PD, EB2 is current, then file I-485 with copy of both I-140 (EB3 and EB2) and request for interfiling( refer to my blog post) That is the best bet for you I see now.
Good luck
Raj:)
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samcam
05-19 12:37 PM
Welcome to our newest member not2happy..
sdrblr
02-03 12:26 PM
Sorry to hear about the issue. I dont think how you can file a legal malpractice against the attorney when he has rights not to give the details of 140.
140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).
I say appeal the denial open an MTR
140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).
I say appeal the denial open an MTR
ps57002
10-19 10:40 AM
I replied to your case on too.
This is what uscis faq says
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible
So it's possible your case hasn't been inputted yet.
My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.
Jai mata di
This is what uscis faq says
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible
So it's possible your case hasn't been inputted yet.
My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.
Jai mata di
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