cheg
08-14 06:26 PM
Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
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royjonny
06-19 12:35 PM
I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
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Ramba
04-16 03:25 PM
Thats why I recommend paper file.
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vikki76
01-15 10:36 AM
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
more...
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wellwishergc
03-01 04:15 PM
Logiclife,
That makes perfect sense.
My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
That makes perfect sense.
My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
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krishnam70
05-01 04:48 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up
- cheers
kris
Just make sure you covered all the bases and reply to them. It might not hurt to include another copy of your birth certificate and translation just for the heck of it along with your explanation who knows may be the earlier one got misplaced or messed up
- cheers
kris
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gg_ny
09-18 03:16 PM
http://felcom.nih.gov/
The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign researchers...as it falls right in the area.
FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
The above suggested url is to NIH fellows committee, mainly consisting of postdocs. Most of the members should be working in Bethesda, and Frederick areas of Maryland and DC. It would help, for the Wpost article, to contact someone in this group and target some foreign researchers...as it falls right in the area.
FYI: many post graduate employees of NIH, immigrants / non-immgrants (J1) work as consultants to staffing companies contracted by NIH for the purpose.
They are not exempted from H1B cap and I believe cannot even process regular EB2 labor, but only EB2 NIW.
Immigration Voice would like to request members of its community stuck in the green card process that are scientists, researchers, professors and working in the area of national importance. Basically anything that will benefit this country in any way (economically, health related, sciences etc)
We would like make a strong case via media through such interviews and if we are successful in getting such interviews published, these media interviews would be used when presentations are made to lawmakers.
If you know of any such people please pass on this message.
Please respond with a brief detail about yourself and your contact information to jap219001 at yahoo.com and himanshu at immigrationvoice.org
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rockstart
10-29 12:25 PM
Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer
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ashkam
02-25 11:04 AM
Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.
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dskhabra
02-26 01:17 PM
You'll get 3 year H1 extension beyond 6 years with I-140 approval.
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eb3_nepa
04-03 10:50 PM
DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Good one!! :)
DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.
Good one!! :)
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atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
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indio0617
01-05 10:19 PM
For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.
Thanks,
WaldenPond
I do not think any of the proposed bills push for I-485 filing after the Labor Cert itself. This has not been proposed because I-140 approval is not an issue right now. It is being approved as fast as one month these days. But I see no harm in asking for it. Let us reach for the moon and see what we get :)
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ImmiLosers
12-23 06:14 PM
Hi,
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
more...
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kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
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sb724
07-31 04:14 PM
Hi All,
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
I am also in same situation.
No reply either from employer or attorney.
Calling them , sending emails but no response, getting frustation.
Last mondy employer told that my case get submit before last Friday.
But still now no confirmation from them that whether they filed or not?
Do not understanding how to deal this.
Please advise me.
more...
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stxvr
07-09 04:37 AM
During the stage of 485 in how much details they look your your current status. In what all things they look except last 3-6 pay stubs and W2s.
I have following questions:
1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).
2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?
Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.
I have following questions:
1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).
2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?
Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.
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iwantgc
09-11 07:35 PM
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
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GC_1000Watt
12-09 05:40 PM
sorry didnt see the last 2 lines of your post starscream....
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
i will talk to some lawyers and hopefully get some answers.
my company said the appeal will take atleast 6-7 months nowadays...
i can work till then without issues.
Hi Sid,
Can you please share your experience with us. I am sure by now your case has been resolved. Please share information.
Thanks.
va_dude
03-07 01:21 PM
1. yes, if u use ac21, you can get ur h1 transferred too or opt to use your ead.
2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.
3. no idea
4. no idea
2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.
3. no idea
4. no idea
zuhail
05-07 11:23 AM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
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