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bijualex29
09-12 11:43 AM
Filed on 9th July at NSC
Got receipt on 5th Sep from WAC
EAD card ordered on 11th Sep.
Hope this will be helpful.
I have contributed to IV for there good work. I will never forget the 2-July visa feasco.
Got receipt on 5th Sep from WAC
EAD card ordered on 11th Sep.
Hope this will be helpful.
I have contributed to IV for there good work. I will never forget the 2-July visa feasco.
wallpaper HAPPY BIRTHDAY CUZ!
ghost
07-24 04:20 PM
What can we ask for-
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes 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 admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes 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 admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
2011 Now … it#39;s PARTY TIME!
rockstart
03-24 09:58 AM
Its the simplest RFE you can get all you need to do is submit EVL ASAP. Dont worry for your spouse's application they are not going to approve the application till the dates get current. So you can add her at that time. The guess is they are pre-adjucating your application so that when visa# are available it will be smooth approval so cheer up.
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virtual55
05-16 12:57 PM
I am seeing currently 700 members actively using IV website right now, but I don't think all of them have signed up for monthly contribution, Guys please contribute and help yourself
MCQ
08-07 05:20 PM
Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
I eventually got my GC from these same guys and this month will file N-400 for citizenship.
McQ
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Munna Bhai
08-28 07:52 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
yes, you can..infact complete immigration process you can do yourself without any lawyer but only for 1 year as your AOS is pending. Search this forum, you will find an email from one of member who has given complete list for H1b extension.
2010 Happy Birthday Vicki
abhijitp
07-17 06:19 PM
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director.
The gov agency had to take note of the IV led campaigns! Great job IV!
The gov agency had to take note of the IV led campaigns! Great job IV!
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starscream
01-13 12:40 PM
Hi oaktree,
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
hair the first irthday party
trueguy
08-11 10:40 AM
Here you go!
thanks willwin
thanks willwin
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chantu
02-28 09:21 PM
bump
hot Happy Birthday Party Pictures,
a_yaja
04-18 09:32 AM
if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
Only in under-developed areas. For a developed area, it is $1 million.
Only in under-developed areas. For a developed area, it is $1 million.
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house happy birthday amy friend
skpanda
05-17 07:10 PM
Upgrade of the existing case.
Good Luck!
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Good Luck!
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
tattoo a wild irthday party
gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
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kcindian
05-29 12:12 PM
This is good information. Thanks for sharing.
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NIW
02-24 12:46 PM
Hey IAspire,
Welcome aboard!
Rest assured, you will be viewing this website/e-mailing questions/answering others' questions for at least a decade unless the middle east revolution spreads to the west.
Even after spending tens of hours of reading, consulting with lawyers and scratching heads countless times, still the green card process is confusing to most of us on this site. Honestly, its a tedious, intricate process that demands lot of patience, hard work, luck and money.
Hey! I'm not trying to scare you but if you were born in India, its been that way for quite some time. I guess you need to do some serious reading about the entire process and especially your scenario. Just google, you'll be inundated with ocean of information. Then you may have some idea about the time frames of getting the EAD or GC or Citizenship or whatever. Good luck!
Welcome aboard!
Rest assured, you will be viewing this website/e-mailing questions/answering others' questions for at least a decade unless the middle east revolution spreads to the west.
Even after spending tens of hours of reading, consulting with lawyers and scratching heads countless times, still the green card process is confusing to most of us on this site. Honestly, its a tedious, intricate process that demands lot of patience, hard work, luck and money.
Hey! I'm not trying to scare you but if you were born in India, its been that way for quite some time. I guess you need to do some serious reading about the entire process and especially your scenario. Just google, you'll be inundated with ocean of information. Then you may have some idea about the time frames of getting the EAD or GC or Citizenship or whatever. Good luck!
more...
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vali
11-15 11:01 AM
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
girlfriend Happy Birthday Party
sledge_hammer
02-23 12:44 PM
I would say YOU need that "good luck" more than the members that answered your question!!!
Thanks for your response.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck:)
Shivani.
Thanks for your response.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck:)
Shivani.
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kaisersose
10-15 10:15 AM
Technology and money do not matter. But the job role and responsibilities matter.
You need a good attorney who will accompany you to the interview if you are not clear about the job role match.
You need a good attorney who will accompany you to the interview if you are not clear about the job role match.
Siboo
07-30 12:41 PM
:confused: Guys ,
I just checked my I140 approval notice and it shows LUD as July 28th 2007
I am totally confused as to why it shows that since my I140 is approved since a long time .
I have applied for 485 on June 29th 2007 and it reached USCIS TSC on July 2nd 2007.
Does the LUD on my I140 have anything to do with my 485 Application ??
Please advise ?
My I-140 LUD changed to 07/22/2007. (My I-140 got approved in October 2005, I-485 got approved in July 2007).
Looks like some kind of system maintenance.
I just checked my I140 approval notice and it shows LUD as July 28th 2007
I am totally confused as to why it shows that since my I140 is approved since a long time .
I have applied for 485 on June 29th 2007 and it reached USCIS TSC on July 2nd 2007.
Does the LUD on my I140 have anything to do with my 485 Application ??
Please advise ?
My I-140 LUD changed to 07/22/2007. (My I-140 got approved in October 2005, I-485 got approved in July 2007).
Looks like some kind of system maintenance.
ameryki
11-11 01:19 PM
alright fresh from this incident. my mother had 10 yr tourist visa expiring in 3 months after her travel date. in the old days it was recommended that you have at least 6 month visa validity when entering US for immigration purposes. Following that guideline she applied for a new tourist visa of course referring the current one on passport. While during her interview they didn't ask her any questions and told her that its a go. Her application got stuck in security verification which triggered due to the fact that she already had a valid visa. Upon researching further I found out you are safe to travel even a day before your visa is expiring because once you enter the country your stay is based on I-94 validity and not your visa. Hope this helps.
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