admin
05-18 11:21 AM
CNN-IBN covered our Issues at the Meet and Greet Event in Washington DC. Here is the full story -
http://www.ibnlive.com/videos/fullbvideo.php?id=10788
http://www.ibnlive.com/videos/fullbvideo.php?id=10788
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japs19
01-07 02:57 PM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.
I am not a lawyer so it would be best to consult one.
As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.
I am not a lawyer so it would be best to consult one.
lostinbeta
10-03 02:18 AM
Glad I could help=)
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venkatanathen@yahoo.com
12-08 03:51 PM
Hi,
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?
Thanks
VK
more...
sanprabhu
01-30 09:24 AM
Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.
spicy_guy
08-10 02:30 PM
By other poster...
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
more...
sundarpn
05-29 09:51 PM
Oh I did not know that one person can send webfax for each state.
When I click that link it said "You have already sent it"
I'll check again now
When I click that link it said "You have already sent it"
I'll check again now
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arunmohan
11-19 03:42 PM
job A designation is Software engineer
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
more...
paragpujara
04-05 08:11 AM
Guys,
Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.
Your help will be really appreicated.
Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.
Your help will be really appreicated.
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vin13
01-08 11:06 AM
I returned back from India a few days ago. My experience was very similar to "LostInGCProcess". The only difference was that i had only 2 copies of AP. They kept one and gave me one.
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
So, it should not be a problem if you have 2 AP copies. Just make sure you come out of Immigration with 1 copy for your future travels.
They will not take the only copy you have if you make another trip out of the country before it expires.
You need just the AP and Passport. Please let the officer know that you are using AP. Or they will keep looking through your passport for a visa.
It is good to have supporting documents such as I-485 receipt, I-140 approval, recent paystubs, employment letter from your HR (stating you are still employed). As 'LostInGCProcess" said, please do not provide them until reqested
more...
LondonTown
03-08 03:38 PM
Londontown
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
Thank you for your reply.
If you can ask, what documents your friend submitted to renew the EADs-- Was it pending 485 receipts OR appeal receipt for I-140?
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
Thank you for your reply.
If you can ask, what documents your friend submitted to renew the EADs-- Was it pending 485 receipts OR appeal receipt for I-140?
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pxkuma
06-17 07:20 AM
I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
My lawyer recommended that I have three options
1) Start over and recapture your PD. She mentioned that this is the cleanest option.
2) Apply for 485 from your old job and then move to the other job after six months
3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.
I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.
Please note the above is my opinion and you will need to consult your own lawyers.
more...
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Jyothi
12-12 04:23 PM
insted of using "U" they change the date to Jan 2000
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shreekhand
07-29 11:23 AM
Nowhere did I say I am not sure. In fact I am as sure as it can get :)
The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.
For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.
Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.
For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.
Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
more...
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jonty_11
04-29 03:21 PM
From the title of the thread seems like u already got an RFE...please use good judgement in naming threads....
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raysaikat
01-22 10:39 PM
Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?
The act suggested in the post above is illegal.
Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.
Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.
The act suggested in the post above is illegal.
Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.
Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.
more...
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eb3retro
09-10 08:45 AM
^^^^^ bump..
can you show me a single post in iv that states that they have travelled after applying for ap, and come back with an ap. May be i missed it.
can you show me a single post in iv that states that they have travelled after applying for ap, and come back with an ap. May be i missed it.
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nshah1968
05-17 10:18 AM
Hello guy03062,
my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:
please mail me directly and I will reply with there details
my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:
please mail me directly and I will reply with there details
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dionysus
01-24 11:37 AM
Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.
Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.
Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.
joshraj
10-11 03:28 PM
Thanks Shirish :)
Ramkumar
04-29 05:10 PM
# When you did your H1 transfer, how many years you got extension?
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
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