485Mbe4001
05-17 11:13 PM
Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.
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karthiknv143
05-22 11:51 AM
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
You are wrong in what you are stating. It is filed together with your 485 appln
You are wrong in what you are stating. It is filed together with your 485 appln
meridiani.planum
11-03 01:42 AM
inline...
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
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adobe howm
09-02 01:52 PM
Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?
You are freaking out UNNECESSARILY.
This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
You are freaking out UNNECESSARILY.
This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
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designserve
03-02 06:20 PM
I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B
hopefulgc
11-09 09:11 PM
Time and again I hear people here and everywhere complaining about how "everyone-who-is-a-citizen" is simply out to get them and exploit them.
HR is bad mouthed. Lawyer is called a single $ whore. the list goes on.
By no means you are wrong.... what y'all say is correct to every extent of the word... but do you believe its because they are doing it so. Take a moment, think and tell me if you honestly believe that.
When was the last time garbage smelled nice... i don't see any of us complaining about that. Seriously, who else is not out to get you. let me answer that... EVERY-- FU**IN---BODY
Point is, when some law-maker, anti-immigrant, citizen john doe, his wife mary hoe come to the site, she should see the reflection of our high education and quality of thinking in the forums here. They have to feel our maturiy, charisma and elevated thinking in the posts we leave here.
Think of yourself as the really smart good lookin guy and "all these poeple" as the duette you wanna go out with. For once, we have to stop being cry winches.. and let people know who we really are.....
<h1>AWESOME and DESIRED</h1>
No don't leave me red marks... i am one of you... but who believes in us all.
HR is bad mouthed. Lawyer is called a single $ whore. the list goes on.
By no means you are wrong.... what y'all say is correct to every extent of the word... but do you believe its because they are doing it so. Take a moment, think and tell me if you honestly believe that.
When was the last time garbage smelled nice... i don't see any of us complaining about that. Seriously, who else is not out to get you. let me answer that... EVERY-- FU**IN---BODY
Point is, when some law-maker, anti-immigrant, citizen john doe, his wife mary hoe come to the site, she should see the reflection of our high education and quality of thinking in the forums here. They have to feel our maturiy, charisma and elevated thinking in the posts we leave here.
Think of yourself as the really smart good lookin guy and "all these poeple" as the duette you wanna go out with. For once, we have to stop being cry winches.. and let people know who we really are.....
<h1>AWESOME and DESIRED</h1>
No don't leave me red marks... i am one of you... but who believes in us all.
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tabletpc
12-16 10:22 AM
Don't Panic but retaliate.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
Appraise your self with form wh4 and AC21 rules and then appreaise your new employer attorney. You and your new employer attorney are in good situation to take your Ex-employer for a ride. Good luck....
After 180 days I-485 is pending and I-140 is approved, your priority date remains valid even if your employer withdraws approved I-140. Basically, your ex-employer cannot stop the case, and as long as you find a new job in similar ocupation and very similar duties, you I-485 can still be approved. Read AC-21 for more information.
Suggestion: keep the employment termination letter/note/email for records for future reference.
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casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
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vaishnavilakshmi
09-28 07:37 PM
Hi,
Call in the following sequence for typo rectification on any of ur notices.
1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)
Hope this helps u,
Vaishu
Call in the following sequence for typo rectification on any of ur notices.
1-800-375-5283
Press 1 (for english)
Press 2(to skip introduction and go to main menu)
Press2(For case status)
Press 5(if there is any typo in any of the notices/reciepts)
Hope this helps u,
Vaishu
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krishmunn
03-07 03:50 PM
Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK
Job description need not match for PD porting.
Job description need not match for PD porting.
more...
gps001
12-24 07:26 AM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
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angelfire76
06-10 06:58 PM
I was wondering if anyone here who had a canadian PR (i.e. did a landing), got GC later has travelled again to Canada again?
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
We got canadian PR in 2005 and did a landing while we were waiting for our GC. We got a our GC last year and are planning to visit canada using our GC. Are there going to be any issue in entering canada?
Also, we travelled to India last year and received new I-94 when we got back into US using AP. Very soon (days) we received our GC's. I am not sure what do with these I-94's when we leave US. Do we still need to surrender these as in the past?
For some grilling by both CBP in the US and also their Canadian counterpart. You should've surrendered the Canadian PR or US GC based on where you wanted to live permanently. It's not illegal to be a PR of both countries, but if the Canadians know and if you've claimed any sort of health insurance in Canada, they'll send you a bill for it. All this is not to scare you, but first hand experience of my cousin who lives on the border and works for a Detroit based company.
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Edison99
02-24 10:23 AM
snathan,
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern�
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern�
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
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GotGC??
03-27 02:09 PM
You missed the sarcasm, never mind :)
Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
more...
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adumas
04-17 05:51 PM
Hi,
I'm in the same situation as Sahil.
Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.
I'm soooo not surprised....
I'm in the same situation as Sahil.
Was told by my company's HR that a certain percentage of PERM applications are pulled for audit. Now having enough staff available to audit, means months and months of wait. For that reason, my application of late September 05 can take a year while someone who applied in December can take only two months.
I'm soooo not surprised....
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axp817
07-04 09:55 AM
Why would doing anything legal have implications on becoming a citizen?
And to answer your question, No, your owning a gun legally, has no implications whatsoever on getting your citizenship.
There are many legal gun owners who don't even have their green card yet, and no, they are not going to face any problems during 485 approval either.
Look through some of my old posts, and you'll find a thread with information on legal aliens owning guns in America, although a lot of the information on that thread pertains to non-immigrant aliens. You being a permanent resident, have it much easier. Go through that thread and if you still have questions, ask, and I'm sure you'll get an answer.
Good luck, be a safe, responsible, and proud gun owner.
And to answer your question, No, your owning a gun legally, has no implications whatsoever on getting your citizenship.
There are many legal gun owners who don't even have their green card yet, and no, they are not going to face any problems during 485 approval either.
Look through some of my old posts, and you'll find a thread with information on legal aliens owning guns in America, although a lot of the information on that thread pertains to non-immigrant aliens. You being a permanent resident, have it much easier. Go through that thread and if you still have questions, ask, and I'm sure you'll get an answer.
Good luck, be a safe, responsible, and proud gun owner.
more...
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
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cableching
07-18 06:14 PM
USCIS Looks at I-94 you entered on the I-485 application.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
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RayP
12-08 03:13 AM
Thanks for your response. Good to hear that I can file while I am outside the US.
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!
CantLeaveAmerica
03-28 09:46 AM
same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home
MannyD
10-02 03:04 PM
But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.
Crudely stated, I94 indicates the date by which you ought to leave US and is given to you when you land in the US - so you will have a new I94 number every time you enter US. I don't think you should bother about more than two I94s at any time. One will be the one on your passport and the other in your newest H1B approval in case you have an approval after your entry into US. Let's say you are one of the "happy" folks who have to extend H1B every year: So here, when you leave US you submit the I94 from the H1B approval document (I797) that you'd be using to get your visa stamped abroad. When you land you'd get a new I94 that's valid until the date in the I797 (= visa expiry date now in your passport).
Crudely stated, I94 indicates the date by which you ought to leave US and is given to you when you land in the US - so you will have a new I94 number every time you enter US. I don't think you should bother about more than two I94s at any time. One will be the one on your passport and the other in your newest H1B approval in case you have an approval after your entry into US. Let's say you are one of the "happy" folks who have to extend H1B every year: So here, when you leave US you submit the I94 from the H1B approval document (I797) that you'd be using to get your visa stamped abroad. When you land you'd get a new I94 that's valid until the date in the I797 (= visa expiry date now in your passport).
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