Hey Ram GC
05-05 03:55 PM
Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.
I wanted to know that what impact does one have for calling IO's multiple times.
EB3, Oct'01
485- Jun 1st 07
No LUD's since Aug ( Address change)
Applied for 2nd AP & EAD last week.
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bigboy007
01-15 04:49 PM
This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.
GCwaitforever
10-20 04:17 PM
Hi Blue,
My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:
1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.
My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:
1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.
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drona
07-11 11:40 PM
He is a legal immigrant himself and he understands the immigration system. It took him 15 years to become a US citizen.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
He is the Governor of California, the state with one of the highest employment-based green card applicants. Also one of the states with the highest Immigration Voice members.
He is anti illegal immigration and recently made comments about illegals which created a furore (albeit among illegals and pro-amnesty groups, but they were heard). He might want to align with us to show he is pro-immigration.
Come on members, let's work out a campaign to gain his attention. He wants to be a champion, so let's give him a cause.
more...
SherazKhan
11-16 08:19 PM
Hi Mena,
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
Thanks.
uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
more...
uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
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shruthii_1210@yahoo.com
09-30 12:37 PM
1) If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik
3) 1 1/2 yrs is the current H1-B status
Thanks
Karthik
more...
Gravitation
07-23 03:09 PM
I'm surprised that there's no poll on this.
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Blog Feeds
03-12 08:40 PM
I've been impressed by Senator Graham's willingness to help move forward immigration reform, but this is really pathetic. Graham reported on his meeting today with President Obama and Senator Schumer. Most of it sounds good until you get to this lovely part:I expressed, in no uncertain terms, my belief that immigration reform could come to a halt for the year if health care reconciliation goes forward. For more than a year, health care has sucked most of the energy out of the room. Using reconciliation to push health care through will make it much harder for Congress to come together...
More... (http://blogs.ilw.com/gregsiskind/2010/03/graham-pass-health-care-and-well-kill-immigration-reform.html)
More... (http://blogs.ilw.com/gregsiskind/2010/03/graham-pass-health-care-and-well-kill-immigration-reform.html)
more...
waiting4gc02
11-16 08:28 AM
Normally,
1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.
They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.
god bless.
KP
I do not have any bond signed with the Consulting Company about NOT joining the client. Also I have been with the COnsulting company for 8 years and have good relations, so I am hoping they should be OK.
One more question I have is, am i obligated to join the Consulting company after I get my GC, if I were to leave them after 180 days of filing.
Thanks and good luck.
1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.
They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.
god bless.
KP
I do not have any bond signed with the Consulting Company about NOT joining the client. Also I have been with the COnsulting company for 8 years and have good relations, so I am hoping they should be OK.
One more question I have is, am i obligated to join the Consulting company after I get my GC, if I were to leave them after 180 days of filing.
Thanks and good luck.
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sat2010
03-05 11:23 AM
Congratulations All , good to know that eb3 to eb2 case is going through.
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
more...
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vishwak
11-23 10:59 AM
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
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som_yad
08-14 09:00 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
more...
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kanta80
04-03 11:20 AM
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
Now my situaion is: I have the receipt for H4 status change from F1, my employer has applied for my H1B in premium processing today (Apr 3), so that means I would be getting the H1B approval hopefully by the third week of April but in my understanding the I-94 for H1B will be valid from October 1 only while my H4 I-94 will be valid right after I get the approval (probably sometime in May).
In this case, do I still have to go back in my country to validate my H1B I-94 given that H1B is valid from Oct 1?
Please suggest me. I am getting really tensed.
Thank you.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
Now my situaion is: I have the receipt for H4 status change from F1, my employer has applied for my H1B in premium processing today (Apr 3), so that means I would be getting the H1B approval hopefully by the third week of April but in my understanding the I-94 for H1B will be valid from October 1 only while my H4 I-94 will be valid right after I get the approval (probably sometime in May).
In this case, do I still have to go back in my country to validate my H1B I-94 given that H1B is valid from Oct 1?
Please suggest me. I am getting really tensed.
Thank you.
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papajon
06-18 07:13 PM
Before answering something like this, you should know what you are answering.
could you please explain?
UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
could you please explain?
UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
more...
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krishnam70
06-18 11:04 AM
Looking for a Good Attorney in Texas, please - thanks .
www.kanlaw.net
972-929-4726
they are efficient and thorough..
www.kanlaw.net
972-929-4726
they are efficient and thorough..
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robert5156
07-26 11:56 PM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
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adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
puddonhead
11-30 11:01 AM
I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Kitiara
10-17 05:10 AM
I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)
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