ars01
02-19 10:51 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
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black_logs
05-08 02:02 PM
I read this quote in RD, sorry I forgot who said it!!!
'U.S. is a big conspiracy to make you feel happy'.
'U.S. is a big conspiracy to make you feel happy'.
kirupa
05-27 03:14 PM
Added the second one up!
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micofrost
04-12 03:16 PM
Some where I read that there is no fee for renewal of AP. I am a Jul 07 filer and am not sure about this. Further already applied last for Advance parole and travelled till it got expired last month. I am applying for a new one again. So just wanted to know if I need to pay the fees $305.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
There is a confusion regarding who pays what amount.
To avoid the filing date confusion, stick to this simple rule :
If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.
AP takes roughly 45 days.
Hope this is clear.
So my questions are:
Does the July 07 filers need to send the cheque for $305
Should we also include Biometric fee of $80?
And how much time is it taking these days for AP/
Thanks in advance
There is a confusion regarding who pays what amount.
To avoid the filing date confusion, stick to this simple rule :
If you paid less than $400 ( I do not remeber the exact I-485 fees prior to the increase), then you need to pay for the Ap and EAD, the respective amount. If you paid more than $900 for your I-485 filing, then go file AP and EAD as much as you want.
For either case, you do not have to pay for the biometric. Biometric is only for EAD. Not for AP.
AP takes roughly 45 days.
Hope this is clear.
more...
surabhi
05-30 12:00 PM
The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
ssdtm
11-30 04:38 PM
- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
more...
bank_king2003
04-23 06:32 PM
I have an h1b and EAD. i am employee of company A. currently i am working for a client(a startup company) in project through company A.. now this client wants to give me some equity(shares) of his company. i will keep on working as company A's consultant with this client.
my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.
just wanted to make sure taking equity wont hurt my h1b ??
Any Advice ??
Thanks...
my question is can i take the equity(shares) of my client. ofcourse he is not paying me anything, my paycheck still comes from company A as i am there h1b employee.
just wanted to make sure taking equity wont hurt my h1b ??
Any Advice ??
Thanks...
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ssdtm
12-13 06:49 PM
To be 100% safe, wait for EAD.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.
more...
pan123
01-14 11:15 AM
Guys,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
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HRPRO
01-25 06:29 AM
As far as I know, he/she will be eligible only if Labor and 140 are approved or labor is pending for 365 days.
more...
bugsbunny
03-24 03:29 PM
i don't believe there can be any guarantee against getting RFE or NOID. You can take precautions by following the regulations and yes having a job/job title in the same or similar occupations.
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
There is a lot of guidance about what constitutes "same or similar"... from USCIS
There are labor codes for every position/occupation in the Dept. of Labor...make sure yours falls within the same as directed by the USCIS guidance.
Hope this helps!
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srini1976
07-09 01:21 PM
What is your PD & EB Category please?
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greener_pasture
11-07 01:59 PM
My application was received on July 3 at NSC. Till now, I haven't received any notices. I got the RNs by calling USCIS.
Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.
Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?
Thanks
Now, I placed an expedite order on my EAD on Friday. They sent me a mail saying my app was received on Oct 10 and not July 3 (yeah right! if it was oct 10, why would you even accept it?). So I faxed them the fedex delivery signature confirmation. Today I see a LUD on my EAD app but nothing else has changed.
Can anyone shed some light on what might possibly going on here? I can probably wait for some more time to find out for sure but I am curious. Guys with approved EAD - did you see a LUD on your app before it was approved?
Thanks
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HawaldarNaik
12-10 11:04 PM
EB2
Priority Date- Aug-2005
Got EAD renewal for 2 years
Priority Date- Aug-2005
Got EAD renewal for 2 years
more...
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krishgaay
07-28 11:08 PM
Hi,
I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.
My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.
2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.
3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.
4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.
Any advice on her options is appreciated.
Thanks,
Krishna
I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.
My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.
2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.
3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.
4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.
Any advice on her options is appreciated.
Thanks,
Krishna
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Alabaman
10-06 08:38 AM
This belongs to News Article Thread
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kaarmaa
01-18 12:42 PM
"Cutting off the nose to spite the face" -- So true.
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Lasantha
07-05 12:52 PM
Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?
Thanks
Try this
http://immigrationvoice.org/forum/showthread.php?t=5983
Thanks
Try this
http://immigrationvoice.org/forum/showthread.php?t=5983
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altima_le
09-24 09:38 AM
I have a question regarding Multiple I-140s.
I applied for I-140 (PD: 2006) and it got approved in 11/2006;
I applied for LC-sub (PD:2004) and it is pending with USCIS
I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.
I applied for I-140 (PD: 2006) and it got approved in 11/2006;
I applied for LC-sub (PD:2004) and it is pending with USCIS
I applied for 485 in July 2007, My question is which PD will USCIS consider? Does it take the one with approve I140 or the pending one ? form 485 does not show the PD anywhere.
kirupa
08-07 12:00 PM
Nice one flash :) I have added yours up!
Dhundhun
06-28 08:06 PM
I am about to mail the documents for my EAD and AP renewal.
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Addresses are OK, but can you send FEDEX to P.O. Box?
Current Residence: Missouri
Could someone please verify the filing addresses for a FEDEX delivery.
EAD filing Address:
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
AP filing Address:
USCIS Nebraska Service Center
P.O. Box 87131
Lincoln, NE 68501-7131
Addresses are OK, but can you send FEDEX to P.O. Box?
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