optimist578
04-10 11:47 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
visves
06-18 02:37 PM
With the new fee structure, you would not have to pay USCIS every year to renew your interim benefits (EAD/AP). This would be most helpful if you are from a retrogressed country and don't expect adjudication any time soon. But, I am not sure what disadvantage you would have if you wait and file on July 30 instead of July 1...obviously there would be a ton of people before you. Personally, I am not sure how everything would play out and if the benefits outweigh the risks.
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
gvenkat
03-05 11:42 AM
man just dont be paranoid.. some of the guys here are just getting carried away... how are employers supposed to deposit our checks then...just calm down... nothing will haeppen...
if push comes to shove, lets all go to our homeland... :D
if push comes to shove, lets all go to our homeland... :D
more...
jtad
07-25 04:53 PM
This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.
THIS IS A BAD IDEA FOR A PROTEST!
Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
Where did you get the idea that to protest means to do something "bad"?...
THIS IS A BAD IDEA FOR A PROTEST!
Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
Where did you get the idea that to protest means to do something "bad"?...
keepwalking
05-14 03:30 PM
My priority date will become current on June 1st 2011. I will add my wife to green card process on June 1st 2011 (she is in US in H-4 status now). My I-485 is with Texas processing Center.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
If I leave my sponsoring (green card) employer after 3-4 months of getting my green card and join another employer or have my own company, does it affect my wife's green card process assuming it takes 6-7 months for her to get her green card.
more...
F1_doubt
05-10 05:20 AM
Hello all, my scenario -
Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.
Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.
Thank you
P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!
Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.
Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?
note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.
Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.
Thank you
P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!
shahrooz
02-10 10:50 PM
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
more...
veritas1
10-16 10:36 PM
I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...
Robert Kumar
02-25 12:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
more...
horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
PDOCT05
10-31 09:54 AM
^^^bump^^^^^^^^^^
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asiandude2
02-06 03:57 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
pamith
10-09 12:43 AM
I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.
I wish everyone gets their GC's sooner than later.
Not really, it was well known that there is no movement expected in OCT, NOV and DEC bulletin, July, Aug and Sept are action months.
I wish everyone gets their GC's sooner than later.
Not really, it was well known that there is no movement expected in OCT, NOV and DEC bulletin, July, Aug and Sept are action months.
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sk.aggarwal
07-23 10:49 AM
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
![cute anime sketch. [3] An original character of](http://honya-ch.com/wp-content/uploads/2009/03/umineko-anime-sketch-01-beatrice-body.jpg "[3] An original character of")
gg_ny
06-30 04:39 PM
Thanks, Sanju. I was wondering where to ask for assurance; looks like you have found a place. I too need some help: last time my fingerprint check took almost 8 months (!) and I gave one set of them again today. Can somebody assure me that they will comeback before the dates become U again. I am soon writing to Murthy, Oh, Schusterman and Ombudsman too. Thanks for the empathy - whoever responds..
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
more...
rdehar
09-16 11:21 AM
My AP was los in mail too (see signature). In my case I had gone to India to get 8th year H1 stamping, when the UPS guy left it at my door and I never got it. Yep, UPS, not USPS, this package was sent by my lawyer who knew I was in not at home :)
I called USCIS when I got back and they said I should re-apply if I need to go outside of US and re-enter on AP in next year, else don't worry.
I called USCIS when I got back and they said I should re-apply if I need to go outside of US and re-enter on AP in next year, else don't worry.
shana04
11-05 02:34 PM
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
It all depends on the rollercoster where you have been in your life.
May be one day I would be on the other side talking more optimistic.
But I would never critic others opinion based on the fact that what they are going through (in life).
But I would say good luck to you my friend.
It all depends on the rollercoster where you have been in your life.
May be one day I would be on the other side talking more optimistic.
But I would never critic others opinion based on the fact that what they are going through (in life).
But I would say good luck to you my friend.
veni001
06-17 09:28 AM
Little research on this forum will give you answers to all your questions!
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
In short, you employer ( current and or future) need to start GC process for a EB2 qualified job all over and pay all expenses, you will be able to port your priority date at I-140 stage, upon approval request USCIS to update your I-485 with new I-140.
HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.
I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.
I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?
Thanks,
PagalForGC
mmanurker
10-23 05:28 PM
Yes, thats good news specially for the applicants in that region. In my opinion applicants from MP and Karnataka and AP will fall into that region I guess though not sure but just my 2 cents. Right now they just opened the office but I dont think they will be fully functional till mid-december 2008.
HumHongeKamiyab
12-17 08:29 AM
If I cant find any (recommended lawyer) within Houston, I will go to him. But does he practice employment law? His website says " The practice is focused exclusively on immigration and naturalization law". I am looking for a lawyer to discus my non-compete clause.
Appreciate your response. Thank you so much.
He is based in Dallas,TX. he provided excellant service to me in my tough journey.
www.naidoolaw.com
Appreciate your response. Thank you so much.
He is based in Dallas,TX. he provided excellant service to me in my tough journey.
www.naidoolaw.com
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