arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
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oldguynewguy
12-19 12:08 AM
Thanks for the quick response.
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
ssg.gcl
10-12 04:44 PM
Thanks for your response.
But both of my labor certifcates are from the same company. I read somewhere I-140 is for intending to employ me. How can they employ me in two categories one on EB3 and one on EB2.
Do you see any disadvantage if I file both from the same company.
Thanks.
But both of my labor certifcates are from the same company. I read somewhere I-140 is for intending to employ me. How can they employ me in two categories one on EB3 and one on EB2.
Do you see any disadvantage if I file both from the same company.
Thanks.
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agupta2683
07-08 03:07 PM
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
more...
liberty
03-18 03:19 PM
I have sent the request for renewal of my and my wife's advance parole to the USCIS about 10 days back.
Following is the list of documents that I have sent, along with a fees of $360, online (each)
- Copy of the Confirmation Receipt notice.
- Copy of I-485 petition.
- Current Status of I-485: Case received and pending.
- Copy of I-94.
- Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
- Copy of Passport.
- Two photographs.
- Copy of Drivers License.
Do I need to send any fingerprinting document?
Is there anything else that I need to take care of related to this request for advance parole renewal?
I really appreciate your help in the matter. I got the receipt from USCIS.
Following is the list of documents that I have sent, along with a fees of $360, online (each)
- Copy of the Confirmation Receipt notice.
- Copy of I-485 petition.
- Current Status of I-485: Case received and pending.
- Copy of I-94.
- Copy of current approved I-512L, authorization for Parole of an Alien Into the United States.
- Copy of Passport.
- Two photographs.
- Copy of Drivers License.
Do I need to send any fingerprinting document?
Is there anything else that I need to take care of related to this request for advance parole renewal?
I really appreciate your help in the matter. I got the receipt from USCIS.
stephsh
01-18 04:13 AM
Yes, I would really appreciate that!
It doesnt necessarily need to be HTML. I just need to make sure German characters such as �, � and � are properly displayed in every browser.
It doesnt necessarily need to be HTML. I just need to make sure German characters such as �, � and � are properly displayed in every browser.
more...
mchokshi
04-05 10:07 AM
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
Question:
Do i need to file for new h1-b or transfer?
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snathan
08-18 11:24 PM
Thanks.
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coolfun
07-26 12:42 PM
Hi,
I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?
Thanks.
I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?
Thanks.
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maximus
11-07 12:36 PM
I think cash for clunkers did this GDP increment, to an extent artificial. But still banks are reluctant to give loans to small business. Let us hope consumer spending increases next year leading to the natural increment of GDP
more...
nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
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masti_Gai
10-27 10:46 AM
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
more...
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raviram1980
01-18 02:31 AM
hi all,
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
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a_yaja
03-09 07:40 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
more...
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gc_chahiye
10-24 04:01 PM
Can anyone please share info on conversion of EB3 to EB2 after applying for 485 ?. Our lawyer now suggests that they cant apply for EB2 and they have to revoke EB3 application.. Is this applicable to even apply for EB2 labor and subsequent I140. I thought we need to revoke 485 only when we are about to apply for new 485. Also, please let me know if we can apply for EB2 when you are in EAD status and has not invoked AC21. Sorry, if this question was already answered in the forum.
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
you can start a new LC in EB2 anytime, irrespective of whether you are in EAD, h1, AC21, in the country, outside the country, travelling in space. No restrictions...
The only risk with what you are trying to do is if you try to file EB2 for the same position for which you had earlier filed in EB3 (ie. job duties and position are the same) you can get queries from USCIS about it. Make sure this position (or job duties) are different. Search the mesage boards, this topic has been discussed earlier
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sc3
08-11 08:38 PM
Hi All:
Would appreciate if you could answer to my questions below
1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option
2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.
Thanks,
Dollygc
Yes, it is possible to get from Company B.
You need to join company B when you get your GC.
Would appreciate if you could answer to my questions below
1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option
2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.
Thanks,
Dollygc
Yes, it is possible to get from Company B.
You need to join company B when you get your GC.
more...
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Sushana
01-15 11:47 AM
To the best of my knowledge and what I have heard from our international office and immigration lawyers: Once you are counted (Baptised!!!), you do not need to worry about cap-subject ceiling.
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
Thanks M for your timely reply. It is helpful to know that I don't have to again go through the "H1-B lottery" for 2008-09
For making it doubly sure, always check with recruiting firm's lawyers and your non-profit company's lawyers. They will be doing the paper work. If confusions previal, you can give advise, counsel or consult attorney.
My guess is: this is well known fact and may not need attorney. See what others say.
Thanks M for your timely reply. It is helpful to know that I don't have to again go through the "H1-B lottery" for 2008-09
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plassey
08-22 04:00 PM
Some one did fact sheets, does this jive with the fact sheet?
Anyone got a chance to read this...
http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation
Anyone got a chance to read this...
http://news.yahoo.com/s/afp/20070822/pl_afp/usimmigrationeducation
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smartboy75
08-04 07:37 PM
Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
mudigondag
05-19 02:27 PM
Friends;
My EB3 AOS was filed in July, 2007.
I have a valid H1 upto July, 2010 and my EAD expires September, 2010.
My wife and daughter have valid H4 upto July, 2010 and their EAD expires September, 2010. Both have used EAD.
APs are expiring in July 2010 for all of us.
My employer has filed for H1 extension.
I have couple of questions regarding my family�s statuses;
1. If my wife and daughter do not want to renew their EADs/APs (or renewal gets delayed beyond September, 2010), what is their legal status in US as they don�t have a valid I-94?
2. As they already used EADs, I think they are not eligible for H4 filing. Can someone confirm?
3. Does anyone have experience of renewing Driving license without EAD or H4 during AOS?
Thanks
Venu
My EB3 AOS was filed in July, 2007.
I have a valid H1 upto July, 2010 and my EAD expires September, 2010.
My wife and daughter have valid H4 upto July, 2010 and their EAD expires September, 2010. Both have used EAD.
APs are expiring in July 2010 for all of us.
My employer has filed for H1 extension.
I have couple of questions regarding my family�s statuses;
1. If my wife and daughter do not want to renew their EADs/APs (or renewal gets delayed beyond September, 2010), what is their legal status in US as they don�t have a valid I-94?
2. As they already used EADs, I think they are not eligible for H4 filing. Can someone confirm?
3. Does anyone have experience of renewing Driving license without EAD or H4 during AOS?
Thanks
Venu
tinamatthew
07-24 11:41 AM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
I think that as far as company A agrees, it shouldn't be a problem. I believe the GC application is for a future job offer.
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
I think that as far as company A agrees, it shouldn't be a problem. I believe the GC application is for a future job offer.
