arunoman
09-13 02:06 PM
Is it possible to change to Consular processing while I-140 and I-485 is in pending.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
Guru's kindly advice..
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
Guru's kindly advice..
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90210
05-03 10:17 PM
Anyone???
roseball
01-13 03:15 PM
My H1B was expired on DEC11,2009.My employer applied H1B extension in Oct 2009, i'm still waiting for Approval notice. since my I-94 expired on DEC11,2009. what is my status untill i get my H1b extension? will i be in leagal status until i get the H1 approval?
I have EAD with the same employer but not using.
Is anybody in the same situation?
thanks
Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.
I have EAD with the same employer but not using.
Is anybody in the same situation?
thanks
Since you applied for extension before your current H1 expired, you are allowed to continue to work for 240 days from the date of H1 expiry. If your H1 is still not approved, then I believe you will have to stop working but can still be in the country till a decision has been made on your petition. Your employer could try and upgrade your pending application to premium processing so you will get to hear from USCIS within 15 days.
2011 Related Posts: Kelly Rowland,
jerrygreat
11-25 09:09 PM
Hello, All buddies:
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
more...
vaishnavilakshmi
06-20 11:06 PM
Hi,
Is there anyone who applied for i-140 with substituted labor on june1st or on consequent dates and waiting for approval/reciept???Please let us know ur status.
cheers,
vaishu
Is there anyone who applied for i-140 with substituted labor on june1st or on consequent dates and waiting for approval/reciept???Please let us know ur status.
cheers,
vaishu
Norristown
11-19 03:49 PM
Same thing happened to my wife's EAD.
USCIS did a mistake on address (forgot to include apt #) and it was returned undeliverable.
Called USICS and spoke to IO , she told us that she will order to resend again.
After 30 days still not received.
Called again USCIS, this time they opened a Service Request and asked us wait for another 25 days.
I am not sure what can we do about it.
We have received all receipts and AP.
It would creat problem if somebody has job waiting and they don't have EAD.
USCIS did a mistake on address (forgot to include apt #) and it was returned undeliverable.
Called USICS and spoke to IO , she told us that she will order to resend again.
After 30 days still not received.
Called again USCIS, this time they opened a Service Request and asked us wait for another 25 days.
I am not sure what can we do about it.
We have received all receipts and AP.
It would creat problem if somebody has job waiting and they don't have EAD.
more...
rkumar28
08-13 06:53 PM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
You can definetly start any bussiness you want. As per the link below it seems it will be safe to stay with the current employer for atleast 6 months.
Please see this link: MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
thanks
You can definetly start any bussiness you want. As per the link below it seems it will be safe to stay with the current employer for atleast 6 months.
Please see this link: MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
2010 Kelly Rowland – Motivation
anil.kudumulap@gmail.com
06-22 08:42 AM
This make sense.
more...
rajuseattle
07-30 08:09 PM
agarwa4,
It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.
If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.
Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.
another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???
Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???
You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.
It is very important to keep your salary/wage consistent with what's in your approved Labor/I-140.
If you accept the employment with lower salary using AC-21 and if any RFE comes for Employment verification then you will not be able to respond to the satisafaction of USCIS on why you are working on the lower wages.
Hope this helps you understand the importance of keeping job position and slary level consistent with what its in your approved labor.
another option is to start the process all over again with lower salary, but with onging PERM/I-140 backlogs who wants to go thro' this hell again???
Bottomline stay with your consulting employer, why in the world you want to accept the lower salary???
You are EB-2 and the way dates are moving now for EB-2 you might get your GC soon....if the client is forcing you to come on board as PERM try to convince him that its a matter of another 5-6 months before you get GC and then you can accept his offer if you are looking for the job stability versus wokring for a consulting employer.
hair The remix King R. Kelly
fearonlygod
11-30 06:51 PM
Hi Folks,
Please suggest how safe is it to travel on previous employer's visa stamp and new approval notice....
Also, what happens if your previous employer cancels your visa, can u still use the same stamp...
Any help will be highly appreciated.
Thanks.
Please suggest how safe is it to travel on previous employer's visa stamp and new approval notice....
Also, what happens if your previous employer cancels your visa, can u still use the same stamp...
Any help will be highly appreciated.
Thanks.
more...
reachinus
08-06 07:07 PM
This is just my opinion. If I were you, I will go to the Airport and see an Immigration Office and have it corrected.
hot Kelly Rowland released the
brit_gc
08-04 11:55 AM
Hi,
In my case i filed for I-140 and had a notice to deny bacause they put the worng name on the application....:eek:
we then refiled a second i-140, but processing was stopped on that because they needed the original labor cert. from my first i-140.
i filed on 19th May, and finally got approved on 27th July, although i did file PP.
So i would say a couple of months is about right for the labor cert. to be transferred from one case to another.
In my case i filed for I-140 and had a notice to deny bacause they put the worng name on the application....:eek:
we then refiled a second i-140, but processing was stopped on that because they needed the original labor cert. from my first i-140.
i filed on 19th May, and finally got approved on 27th July, although i did file PP.
So i would say a couple of months is about right for the labor cert. to be transferred from one case to another.
more...
house Kelly Rowland Ft Lil Wayne –
Bruce2000
01-12 10:01 AM
Thank you for your post. I call them today and they said they didn't register my information in the system but my application process will not be delayed.
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happynappin
04-24 10:12 PM
Hi, i'm gonna explain my situation.
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
more...
pictures Kelly Rowland – Motivation
cokeraj
08-14 08:04 PM
I was just wondering if they stall the 485 processing once they issue an RFE on EAD. Would they hold the case in abeyance or are these two mutually exclusive.
Btw, am not sure of the reason for RFE yet.
Has anyone had their 485 approved with an RFE pending on EAD or AP?
EB2-I
PD: June 2004
I140 Approved: Aug 2006
485 RD: July 26, 2007
RFE on EAD: Aug 6, 2008
Btw, am not sure of the reason for RFE yet.
Has anyone had their 485 approved with an RFE pending on EAD or AP?
EB2-I
PD: June 2004
I140 Approved: Aug 2006
485 RD: July 26, 2007
RFE on EAD: Aug 6, 2008
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hibworker
12-07 03:42 PM
You don't have to leave the country if your change of status to H1 is approved with a new I-94 attached to it. However, if they approve COS without providing new I-94 then you need to immediately leave the country and re-enter with a new visa stamp.
more...
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NANO3
04-30 04:36 PM
that is sweet!! perhaps the monetary symbol can go on a corner?
anyhow, nice color scheme
anyhow, nice color scheme
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speddi
10-17 10:40 PM
It is recommended to stay on H1 until 485 is approved.
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lskreddy
01-28 11:17 PM
have u seen the legal immigration/ foriegn workers issue address by Bush today. althou he spoke just 1-2 sentences. stating that ' legal immigration system needs to be fixed, so that foriegn workers are in no harm
Bush did not mention a single word about legal immigration. He was referring to foreign (limit/read that as Mexican) workers and putting in place programs to stem the flow of additional undocumented ones. He spoke just over a minute and there was not a bit to be gleeful about for legal immigrants.
have really started
What??
These tough times for folks like me have been there for the past several years. Now, I am hoping the letters campaign does make an impact and get the much required good will.
As a side note, seems like the writers have sort of given up already on his last year of his presidency as the entire speech was rather mundane. In a troubled time for the entire country with the economy down, house market bust, recession looming, he chose to highlight the past and glorify to garner legacy.
Will it be a year of inaction? I hope not, lets us do our bit by supporting efforts of IV.
Bush did not mention a single word about legal immigration. He was referring to foreign (limit/read that as Mexican) workers and putting in place programs to stem the flow of additional undocumented ones. He spoke just over a minute and there was not a bit to be gleeful about for legal immigrants.
have really started
What??
These tough times for folks like me have been there for the past several years. Now, I am hoping the letters campaign does make an impact and get the much required good will.
As a side note, seems like the writers have sort of given up already on his last year of his presidency as the entire speech was rather mundane. In a troubled time for the entire country with the economy down, house market bust, recession looming, he chose to highlight the past and glorify to garner legacy.
Will it be a year of inaction? I hope not, lets us do our bit by supporting efforts of IV.
jettu77
09-28 02:51 PM
Do we need to have the original receipt notices.
I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.
Can you guys think of any reason attorney not willing to give the original receipt notices?
Thanks.
I asked my attorney and he said that the copies would be fine.
He sent me scanned receipt notices via e-mail and says that it will
be fine and not ready to send the originals for some reason.
Can you guys think of any reason attorney not willing to give the original receipt notices?
Thanks.
gc_on_demand
06-05 12:40 PM
Hello Folks
I am in NJ and my current H1b expires on Nov 2008. My DL expires on Set 2008 . I was under impression that I need atleast 6 months or more valid visa to get licence.
Company didnot agree to file premium process for H1b. They are saying I have plenty of time and they will apply in Aug . I and we know that now a days it takes more than 3-4 months to get visa.
Is there a way I can get temporary lic in Nj. lawer was saying I can request 3 month temp lic beased on Notice received from CIS. Is that true ? does any one gone through same in NJ ?
thanks
I am in NJ and my current H1b expires on Nov 2008. My DL expires on Set 2008 . I was under impression that I need atleast 6 months or more valid visa to get licence.
Company didnot agree to file premium process for H1b. They are saying I have plenty of time and they will apply in Aug . I and we know that now a days it takes more than 3-4 months to get visa.
Is there a way I can get temporary lic in Nj. lawer was saying I can request 3 month temp lic beased on Notice received from CIS. Is that true ? does any one gone through same in NJ ?
thanks
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