arkrish68
04-09 02:55 PM
Hi
Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.
Thanks
Does any know how much time it takes to get the AP by mail when it is mailed on 04/03/2009 as per online status.
Thanks
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grupak
12-06 11:15 PM
From personal experience, both I-485 can be filed and H1-B extended. Have an approved I-140. If I-140 not approved then need labor to be pending for 1 yr I believe.
chi_shark
06-24 04:28 PM
i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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Pasquale
01-14 09:49 AM
Good gosh :D
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stones
07-01 08:04 AM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
anu_t
06-20 02:08 PM
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Otherwise I will be from nowhere .
more...
Dhundhun
10-19 09:27 PM
#1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
#2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".
Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.
Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "You may apply if you have an adjustment-of-status application pending and you seek to travel abroad for emergent personal or bona fide business reasons".
So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.
We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.
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rbharol
01-20 02:48 PM
This was expected.
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sam_hoosier
01-02 03:25 PM
I have got extension on my H1 after completing 6 years.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
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nozerd
04-09 12:11 PM
Yes I have been in US since 1991. Here is my story.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.
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bbenhill
10-06 05:09 PM
^^^^
Bump ..
Bump ..
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gcisadawg
09-10 02:11 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.
If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.
BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.
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fromnaija
12-31 08:24 PM
Hi,
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
Yes, yes and yes. Your questions have been answered many times over here.
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
Yes, yes and yes. Your questions have been answered many times over here.
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aquagirl
05-22 10:54 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
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sdudeja
01-30 10:14 AM
It is "document production or oath ceremony.
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ashkam
07-19 02:39 PM
Use this one, I USED IT!!. Really good. USCIS Format.
http://www.online-languagetranslators.com/marathi.htm
I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.
http://www.online-languagetranslators.com/marathi.htm
I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.
more...
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TomTancredo
01-11 04:21 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
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mybid2003
01-09 04:37 PM
Similar most common agreement with most of us is that, we cannot directly or indirectly join direct/indirect client for a period of 12 months. (I don't have the agreement right in front of me). But I think you get the picture. If not, I can post in detail in the evening.
In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?
Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?
Pls let me know.
Thanks in Advance!!!
In such case, lets say I completed my project at client A thru company A. Four months after leaving the client place (while working at Client B thru same Company A), I get the offer directly from the client A for a permanent position. (Company A still has big presence at client A. Would I be able to join Client A without any hassle? OR is it a waste of time/money to try this option?
Also can anyone also please let me know how to if I can join higher compensation package with invoking AC21 OR transferring the H1? (I am in 8th year of my H1 and have an EAD). Can we have additional job responsibilities than what is listed in the LC?
Pls let me know.
Thanks in Advance!!!
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needhelp!
01-08 07:09 PM
Is principal applicant's I-485 Receipt copy required when filing AP for derivative?
Thanks.
Thanks.
santb1975
11-16 08:41 PM
This Holiday season .... Give a gift to IV
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
desitechie
07-17 01:49 PM
Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.
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