ABCDEFG-balu
08-19 12:48 PM
I also got FP notince for I-485 and I am july 2007 filer , So it is not after 15 months time frame rule. I filed EAD extesion and got EAD too.:)
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binadh
07-09 02:24 PM
OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.
Don't let your emotions cloud your judgment.
Don't let your emotions cloud your judgment.
brad_sk2
09-26 12:30 PM
How long does it take to get EAD card by post after Finger printing is done?
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
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DesiTech
06-01 07:10 PM
:) Thanks for you info.
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factoryman
06-19 04:33 PM
Start worrying about LC approval notice and start working about AOS.
Aaj kal nav jawanoku, ye kya ho raha hi?
please post your comments
Aaj kal nav jawanoku, ye kya ho raha hi?
please post your comments
a_yaja
07-20 10:47 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
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glus
05-31 10:37 AM
thanx
This is my first time $200 contribution for this great organization. Keep up the good work guys!!
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This is my first time $200 contribution for this great organization. Keep up the good work guys!!
Google Checkout #778027030093989
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gc_check
02-22 08:07 PM
http://competeamerica.org/news/media_coverage/2006_02/20060222_rno.html
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waitnwatch
05-24 12:18 AM
Mercies,
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....
One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
You're right on logiclife .... our first concern is whether frist and reid start fighting again. one baby step at a time.....
One good thing I have noticed....I donot know why but Tancredo is not screaming as much from the rooftops right now. I guess he may have realized that the house just overdid things a bit and tipped the balance.
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GCmuddu_H1BVaddu
03-20 02:10 AM
I have limited knowledge on this but my own logical thinking
1) Your best bet is to have baby in US and go to India
2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)
Go for (1).
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
1) Your best bet is to have baby in US and go to India
2) Baby will not be granted any green card as there is no application present for the baby 3) You can't get the baby to US on H-4 as a dependent bcz you are on EAD
4) Either you can file for a visitor visa (through EAD) or file for H-1B for the baby ;-) (just kidding on H1B stuff)
Go for (1).
Hi Everyone,
Our Immigration status is EAD and my wife is pregnant,
We are very happy with the news..
There is lot of possibility for us to be in India during due date, based on few important events in family.
We would like to know.. if baby is born in India then what possere ibilities are there for us to bring baby along with us?
(if mother stays in India for couple of more months)
can baby also get Green Card when we (parents) are allotted green card?
All your advices are always appreciated.
Thanks & Regards,
Satya.
Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.
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tnite
08-09 10:45 PM
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
The best option for you is go back to a community college to bridge the gap. Motion to reopen will take a long time.
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EB3_SEP04
08-27 08:08 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
I don't think OP can do that, because I140 does not belong to you, it belongs to the company.
correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.
I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
I don't think OP can do that, because I140 does not belong to you, it belongs to the company.
correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.
I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).
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mk26
05-27 08:28 AM
Looks like this is another bigger issue after our green card issue. Can we do something about this?
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fromnaija
09-14 01:54 PM
you would have to specify that when you apply for the AP. Look at part 7 item 2 in the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
NO, that part applies to a person applying for Advance Parole (humanitarian reason) and not Advance Parole (baed on peding I-485).
This confusion is because the form is used for multiple application type - Rentry Permit, Refugee Travel Document, Advance Parole (humanitarian and I-485 pending). I think USCIS should redesign separate form for each application type to remove the confusion.
If your AP is based on a pending I-485 you must be in the US to apply and receive the approval. If you need to travel before the approval, you could go to a local USCIS office to expedite the application.
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legalguy
03-02 10:50 AM
How important is it to have a letter from the client for h4 to h1. Though the person has the paystubs till date.
TIA
TIA
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seeking_GC
08-10 02:30 AM
update on my case after I posted...
I called up my previous HR contact from my old company ( I have moved employers using AC21 after getting my EAD ) and she said that the old company was revoking older I140s as their newer ones were getting rejected due to the fact that there were too many I140s already filed by the company.She wasnt sure if my I140 was also revoked.
I spoke to my lawyer and she mentioned that there should be no impact on my case since I moved after my 140 was approved and my 485 was pending for more than 6 months as per AC21 rules.
I also called up USCIS customer service and the lady mentioned that my 485 is pre-adjudicated.
...Now I am not sure if the I140 revocation by my previous company would have any impact on the preadjudicated status of my 485 app. I plan to take a infopass appointment and see if that helps. Will provide updates after my infopass appointment...
I called up my previous HR contact from my old company ( I have moved employers using AC21 after getting my EAD ) and she said that the old company was revoking older I140s as their newer ones were getting rejected due to the fact that there were too many I140s already filed by the company.She wasnt sure if my I140 was also revoked.
I spoke to my lawyer and she mentioned that there should be no impact on my case since I moved after my 140 was approved and my 485 was pending for more than 6 months as per AC21 rules.
I also called up USCIS customer service and the lady mentioned that my 485 is pre-adjudicated.
...Now I am not sure if the I140 revocation by my previous company would have any impact on the preadjudicated status of my 485 app. I plan to take a infopass appointment and see if that helps. Will provide updates after my infopass appointment...
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mytrix76
01-10 01:20 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
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meridiani.planum
11-03 01:42 AM
inline...
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
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hopefulgc
04-10 02:58 PM
The sorting for priority date is not working right.
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
For e.g. it is first displaying Apr-00, then all Apr-01, then Apr-02 and so on. Then it displays Aug-00, then Aug-01 and so on.
It is doing alphabetical sorting.
It needs to sort by date or the month-year combination.
Its getting better!
vxg
10-15 11:25 AM
Thanks. Can someone get me USCIS contact number to get the status on receipts.....
dial 1-800-375-5283
use option 1-2-2-6-2-2-1
BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.
dial 1-800-375-5283
use option 1-2-2-6-2-2-1
BTW i am a AUG 3rd TSC Filer No receipts yet. The EAD Check for my wife cashed on Oct 12th and it says Vermont service center.
shantak
04-29 02:19 PM
You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.
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