nshalady
08-26 01:20 AM
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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sidshar
05-15 04:21 PM
Capriol,
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
Thanks and I think I got lucky. But does it mean that spouse case is not linked to my case?
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signin241
07-27 10:02 AM
Your friend should be fine as he is
1. married before his 485 got approved
2. his wife's application reached NSC before his 485 got approved.
So they are perfectly fine and this situation would happen to anybody who is filing 485 alone and getting married later. They all will wait until their respective PDs become CURRENT and then send their spouse's 485.
Primary applicant may be approved 485 soon and the wife's later. 180 day window is there.
Please correct me if I'm wrong ....... I'm just a junior member of this forum.
1. married before his 485 got approved
2. his wife's application reached NSC before his 485 got approved.
So they are perfectly fine and this situation would happen to anybody who is filing 485 alone and getting married later. They all will wait until their respective PDs become CURRENT and then send their spouse's 485.
Primary applicant may be approved 485 soon and the wife's later. 180 day window is there.
Please correct me if I'm wrong ....... I'm just a junior member of this forum.
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gc_chahiye
08-15 12:09 AM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
more...
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04-08 05:20 PM
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nousername
11-11 07:05 PM
1. Logically HUD document should work but again we are talking about Indian government so not sure. Insurance document might not work and I'm almost certain about it.
2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..
Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
2. Notarizing: If the website says "Photocopy of all supporting documents including Photo should be notarized and attached to the application" then yes..
Not sure where you live but if it is driving distance then I suggest you go there.. Leave early and park on the north side of the street (it is free).
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
more...
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bitzbytz
07-13 11:07 AM
deleted
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msyedy
02-05 02:29 PM
Is the 45 day approved labor validity Rule already in place?
Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.
Jonty ask a lawyer.... that is the best solution because no one here will be filling your application for I-140.
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gene77
08-20 03:51 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
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axp817
04-11 07:14 PM
Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.
I haven't heard of companies doing that but you never know.
Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.
If I were you, I would do the following.
1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.
Good luck. Keep us posted.
I haven't heard of companies doing that but you never know.
Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.
If I were you, I would do the following.
1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.
Good luck. Keep us posted.
more...
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aniraj
07-31 11:42 PM
I-485 pending with PD June 07 & valid EAD
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
more...
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GCWaiter03
07-27 12:51 PM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
ajkastar, Where did you filed your i-485. Is it NSC?
Mine is also in the same range of PD and RD, But I filed in NSC.
Thanks,
GCWaiter03
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sam_hoosier
11-27 01:34 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
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MrDesi
02-07 09:47 AM
Hi Friends
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
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iwantmygreen
08-06 08:02 PM
I sent you PM. Please, check the same I havent received any PM from you. Can you resend.
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ras
08-01 10:37 AM
one of the stories posted on the thread about lawyer negligence.
[B]Hi ,
One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?
[B]Hi ,
One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?
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rsdang
08-22 12:11 PM
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
You H1-B is not voided when you use the EAD and effectively you can go back to using H1-B.
They do not stamp your Visa with - "voided without prejudice" which they do when you change your visa type normally or apply for a renewal before the last one has expired.
NOTE - the assumption is that the H1-B is the underlying petition on which you are now seeking immigration.
Border immigration officer may ask you to use the Ap if you have it and that is totally officer dependent. There are no clear guidelines on that one...
Hope this helps
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kumar1
10-09 04:31 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
pandeyrj
01-02 01:13 PM
I am on 4th yr of L1+H1 & planning to work on EAD for another employer on AC21. I want to know if can switch from EAD to H1 if any issue comes in 485.
Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?
Please reply.
Thanks.
Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?
Please reply.
Thanks.
kshitijnt
01-24 04:26 PM
I think your attorney and HR are winking at each other. Looks like this is a cheapo lawyer. Tell them that you will file H1 extension only if they apply I-140 by premium or else you will go back to India. If you are in consulting and a revenue generating employee this is the best approach. Your employer will be a FOOL not to take you seriously. Also give them a few examples of people who got 3 year extension and ask why not for you?
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