dazed
11-20 01:28 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
Thank you.
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pranju
07-31 12:44 PM
Hi ,
As many of you know that some have filed on their own and not through lawyer , pls update here if any of the self filers have received a RN or check got cashed .
also what is the alternative if we don't receive RN before 17th august , self filer are you planning to refile ?
CC = check cashed
RN = Receipt Notice
Thanks
As many of you know that some have filed on their own and not through lawyer , pls update here if any of the self filers have received a RN or check got cashed .
also what is the alternative if we don't receive RN before 17th august , self filer are you planning to refile ?
CC = check cashed
RN = Receipt Notice
Thanks
zCool
04-02 01:47 PM
Nothing written in stone but from anecdotal evidence.. NO
They process 485s according to RD.
Approval only comes after PD is current though
They process 485s according to RD.
Approval only comes after PD is current though
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gccovet
10-07 01:49 PM
also found this on the net:
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
Excellent!!!!! Thanks a lot, VA_Dude
GCCovet
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
Excellent!!!!! Thanks a lot, VA_Dude
GCCovet
more...
sunny1000
11-16 10:07 PM
My current AP will be expiring this Dec, and my priority date is Jan 2006.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
I have a wedding in Canada in January 2011. I would like to know if I need an Advance Parole to Canada then re-enter? Somehow I read somewhere about Canada and Mexico have different requirements.
Thanks for your input.
Yes, you WILL need AP. DO NOT leave without an APPROVED AP in hand, to Canada, as that will make your GC application deemed abandoned. Repeat, you need an APPROVED AP in hand, before you depart for Canada.
vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
more...
desi3933
03-25 11:56 AM
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.
Incorrect!
Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.
___________________
Not a legal advice.
Incorrect!
Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.
___________________
Not a legal advice.
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Rajwaitingon140
09-21 06:26 PM
Dec 21 2007 - EB2 Regular
How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?
Thanks
RajWaitingon140
EB-3, I-140 still in process since Dec'2006 at NSC center.
How come you have DEC'21'2007 I-140 date? date is NOT yer arrived or it is typo mistake?
Thanks
RajWaitingon140
EB-3, I-140 still in process since Dec'2006 at NSC center.
more...
jsd123
04-21 09:42 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
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mr_aryan
10-19 01:59 AM
It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
more...
sammyb
10-19 02:17 PM
It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
You can check with the airlines and ask for wheelchair for you aged parents ... usually I have seen with Lufthansa - they provide a very good service when you ask for special assistance. Not sure what BA will do though ... you can always try ....
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
You can check with the airlines and ask for wheelchair for you aged parents ... usually I have seen with Lufthansa - they provide a very good service when you ask for special assistance. Not sure what BA will do though ... you can always try ....
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kalkix
08-10 06:09 PM
USCIS is just fooling with you. :D you are an eastern European, right?
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sagittarian
08-30 10:02 AM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
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Nagireddi
04-04 10:27 PM
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
more...
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BharatPremi
05-11 09:04 PM
Gurus,
In response to the documents I sent to USCIS for RFE I received following update on USCIS web site. Does this mean anything? Particularly what should I derive for Blue colored text?
Thanks.
Receipt Number: LINXXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On May 7, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
You can choose to receive automatic case status updates, which will be sent via email. Please click here to create an account online
In response to the documents I sent to USCIS for RFE I received following update on USCIS web site. Does this mean anything? Particularly what should I derive for Blue colored text?
Thanks.
Receipt Number: LINXXXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On May 7, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
You can choose to receive automatic case status updates, which will be sent via email. Please click here to create an account online
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viper673
06-24 12:41 PM
Hello all,
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
I have my EAD and waiting on my 485 to get approved sometime this year (hopefully).
I'm obvoiusly working full-time for my current employer and I just got an opportunity to do some translation services (teaching) after hours for about 80hrs in the next couple of months.
Is it ok for me to teach or do the rules of H1B (work up to 40hrs a week) still apply?
Thank you.
more...
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dreamworld
12-13 05:10 PM
Yes, Finger prints are done in Oct 07
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
Make an infoPass appointment and go with the proof of travel emergency and your receipt notice. They might issue AP.
I will first check CISOmbudsman's web site's FAQ and USCIS Faq for this. But i can not do it at this time.
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waitingforgc
06-29 04:40 PM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
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jk333
08-18 02:55 AM
As long as you use your H1 visa to come back in,
you are in good shape.
Have a safe trip.
you are in good shape.
Have a safe trip.
gc_user
11-28 08:29 AM
Any updates please????
GCHope2011
09-12 11:04 PM
Hi all!
Thanks a lot for the information...
The mother's status will be illegal, unless the mother marries a legal resident and changes over to a dependent status..
Thanks a lot for the information...
The mother's status will be illegal, unless the mother marries a legal resident and changes over to a dependent status..
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