GC_ki_daud
03-13 03:20 PM
bump
go2roomshare
07-12 05:51 PM
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
dixie
10-17 03:13 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
Does a current PD mean you're getting your GC in a few weeks or does it mean "we've started working on it, we'll let you know":)
Thanks!
prem_goel
07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
more...
sayantan76
06-01 06:57 AM
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
jayleno
09-24 10:57 AM
Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
more...
Murthy
05-07 08:10 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
coolngood4u80
12-09 10:51 AM
Its very close ...it may pass the cloture vote..
more...
RNGC
02-06 11:51 AM
Thanks for the posts guys...appreciate it.
JazzByTheBay
08-21 01:11 PM
Very helpful response!
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
more...
optimist578
04-10 12:03 PM
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?
Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?
Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?
Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?
bklog_sufferer
10-18 03:09 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
more...
fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
more...
micofrost
07-12 11:46 AM
As reported by immigration-law , is this the guy who screwed us,uscis and dos and created this fiasco
upuaut
08-16 07:00 AM
oh.. it's probebly the tutorial on Kirupa.com.. duh.. (guess I haven't woken up yet either.)
more...
vin13
03-09 11:41 AM
Yeah I think it makes sense to fill I9 form because that way you make it clear that your intent moving forward is to be on AOS rather than H1. In case you dont do it then you are on dual status with H1 being primary status so in that case it is open to wide interpretation of CIS officers to classify it as out of status or in status.
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
Lasantha
09-07 12:25 PM
I still think like_watching_paint_dry 's post is just hilarious! :D
Achi Goro
11-17 03:01 PM
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
chanduy9
11-28 10:49 AM
We had one LUD on 1-485 after FP, then on I-140 there are three LUDs, I dont know why. LUD Dates are 11/4, 11/21 and 11/23, there is no LUD on I-485 and my I-140 approved last year. Why they are touching already approved case this many times.
Thanks,
Chandra.
Thanks,
Chandra.
akilaakka
07-23 06:29 PM
If-485 is rejected should we wait till PD becomes current?
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