yestogc
07-02 09:52 PM
Once you use EAD, you cannot go back to H1B.
Also I did not understand what you meant by :
"But need to bring my spouse in few months on H4"
Also I did not understand what you meant by :
"But need to bring my spouse in few months on H4"
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SunnySurya
08-21 02:31 PM
Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
logiclife
07-09 12:48 PM
Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.
Good luck Vinay. Sorry to cut this short.
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PBECVictim
07-29 02:59 PM
In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
more...
WeldonSprings
10-28 09:42 PM
Is there anybody else, who have applied for AP recently at NSC and encountered a delay in clearance of the check or receiving the receipt. So, far I see two individuals including myself with such delays.
AP renewal application Mailed: 10/06/08
Reached @ USCIS: 10/08/08
Check cashed: 10/23/08
AP Receipt notice received: 10/27/08
AP renewal application Mailed: 10/06/08
Reached @ USCIS: 10/08/08
Check cashed: 10/23/08
AP Receipt notice received: 10/27/08
gc007
08-04 01:36 PM
I think you are right. G-28 for I-140 shud be signed by layer and employer
And there shud be 3 separate G-28 's req for I-485/131/765 signed by layer and the actual applicant.
Mine was filled this way.
May be you shud get some information from others too who have done with one G28
Hope it helps
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
And there shud be 3 separate G-28 's req for I-485/131/765 signed by layer and the actual applicant.
Mine was filled this way.
May be you shud get some information from others too who have done with one G28
Hope it helps
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
more...
kriskris
08-22 02:21 PM
Friends Need Advise Please!
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
My questions here is,
1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
2) Would a new I-94 jeopardize my 485.
3) Is there any relation between H1B extension and 485 receipting.
Any answers would be greatly appreciated.
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gjoe
05-01 10:44 AM
someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
.
I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
My penny and energy are invested in the right place were the returns are in propotion :)
Good luck to you and all.
more...
apahilaj
04-21 07:19 PM
Hi,
I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):
1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?
2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?
3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?
4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?
5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?
Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.
Any help/pointers any one can give will be greatly appreciated. Thanks.
I have couple of questions about renewing EADs and APs (mine and my wife's current EAD/AP expires on 8/29/08):
1. I am currently on H1 and do not intend to use EAD in the near future. Can I skip my EAD renewal for now and if I need to use it say couple of months later (example: 5/01/2009) can I apply for extension at that time without any issues?
2. My wife is currently on H4 visa and she will need EAD to work. Is there any issue if primary applicant does not apply for EAD but the dependent does?
3. My lawyer had initially applied for mine and my wife's EAD and AP at the time of 485 filing. Can I apply for the renewals myself (is the procedure straight forward) or do I need to pay my lawyer for these renewals?
4. My wife will need AP for travel purposes since she'll be using EAD to work. Does it make sense for me to apply for AP renewal given that I won't be using EAD in the near future? Only issue I see is if I have to travel outside of US and the officer asks for AP at port of entry. Can I apply for AP at any point in time?
5. I am assuming that I have to wait for 120 days prior to the expiration of current documents in order to apply for their renewals, correct?
Apologize for a huge list of questions, but I am trying to make a decision in the coming weeks.
Any help/pointers any one can give will be greatly appreciated. Thanks.
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skd
07-08 11:14 PM
Even I feel very selfish to go ask for their help for a set of relatively well to do, when we know we don't pay taxes in "motherland" Most of us graduated on Goverment Money and not giving anything back.
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chanduv23
03-15 02:11 PM
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.
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RSM1444
04-04 02:05 PM
Some body with priority date of Dec 2008 voted yes. It looks like some confusion.
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saiimmi
01-27 07:14 AM
So, what's the significance of 485 processing dates? Say, if my PD is June 2001 EB3 and my 485 got applied in Aug, 2007 what are the chances that my 485 will be touched if the visa bulletin were to move to June but the processing dates were to be in July 2007?
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desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
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ImmiLosers
09-25 05:25 PM
That is not true. Unless the second I-140 was filed(the EB2) requesting to use the earlier priority date, I dont think they will accept the Eb2 application with the Eb3 priority date
They did for me...
They did for me...
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md_alien
10-07 01:20 PM
If you have an international driving license/permit, you can get a full MD license on its basis. I believe you only have to give a written test and a driving test. No drivers ed. etc. Probably you might have to take a Drug and Alcohol test too but thats not a big hassle.
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tabletpc
10-17 12:15 PM
Can anyone tell me what it means in terms of documents...???
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wandmaker
12-19 01:23 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
if you invoke AC21 means you have to use EAD not H1B......
AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.
EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".
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sidbee
06-10 10:43 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
grupak
08-11 10:12 AM
Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
wandmaker is correct.
Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.
In any event, should call USCIS to confirm change of address on pending applications.
LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
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