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WeShallOvercome
07-23 03:53 PM
Gurus,
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
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kevnss
04-01 02:01 PM
If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
snvlgopal
06-16 01:35 AM
Thanks Milind70 & x1050US, In my case my wife's I94 is expired in Feb13, we filed for the h4 extension on Jan17 and she left US in May before her h4 is approved, can she still go for the VISA stamping with out the new H4 approval document (FYI i got my h1 approval notice and also stamping is done in India,Chennai )
Thanks
Thanks
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ramaonline
12-27 05:13 PM
TR - RIR has been documented in the DOL FAQ
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
more...
Desertfox
02-26 01:24 PM
I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)
IneedAllGreen
04-24 02:39 AM
If yes then you should be fine but with or without original 797 and no stamping in passport it will be difficult to get into USA. Unless you have AP to get back into USA. Hope this help. Good luck for your travel tomorrow.
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
Hi,
I just checked all immigration documents and found that original I797 (H1b approval) is missing. I have a copy but not original. We are travelling to India tomorrow. Is it must that we need to have original I797 at POE or is a copy ok. Appreciate if you could please let us know about this as soon as possible.
Thank you so much.
more...
iamgsprabhu
02-22 07:54 PM
What time ? (PST)
thanks
thanks
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wandmaker
11-27 01:25 PM
fionaapple20: Safest and clean route is to find an another employer and transfer H1B. Make sure your current employer does not revoke your 140, in case if its not approved. Additionally, it is highly recommended to invoke AC21 after your 140 is approved and 180 days passed.
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gk_2000
05-23 03:27 PM
Just more blah, blah, blah.. BTW who is Doraikumar? Is he from IV? He has been quoted here..
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NH123
01-13 12:49 PM
EMC Corporation
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bandoayan
09-17 04:58 PM
Leave aside ranking, this MBA program is not accredited by AACSB (AACSB International-The Association to Advance Collegiate Schools of Business (http://www.aacsb.edu)), the institution which accredits Business Schools. I wonder what value you will get in the market for an MBA from this University.
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kondur_007
04-17 10:35 AM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
Answers:
1. Yes you can.
2. You do not need to inform INS as such; all you need to do (when you change from h1 to EAD) is to fill out new I-9 form with your employer. Ask your employer/HR dept and it is very easy form to fill out; that basically changes your job status from "H1 to EAD".
3. As long as their AOS is pending, they are all legal; I 94 does not matter. They are in authorized period of stay. Of course, their H4 status will be gone.
Only issue in doing this, is just in case, (by bad luck or something) if your 485 gets denied, then all three of you may not have anything to "fall back on". That is the one risk you take when you let your H1 go. Other than that, make sure everyone has AP (whenever they travel outside) and EAD (if they work/study) and you will be fine.
Good Luck.
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baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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mjdup
07-26 11:34 AM
One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,
more...
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skilledWorker
08-18 01:09 AM
You are on AOS PENDING status. Since u've a valid H1 stamped in ur passport, you are free to roam in-and-out of the country without any issues.
Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.
Your H-1 will be invalid until your 485 is approved or you use EAD to work or AP to re-enter US.
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guyfromsg
09-21 10:15 PM
guyfrommsg,
i have filed in the form / submitted the application for joining the google GA group. please check.
Hi,
Remember we met in the rally. Your pictures are great :)
i have filed in the form / submitted the application for joining the google GA group. please check.
Hi,
Remember we met in the rally. Your pictures are great :)
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kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
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pappu
07-30 11:23 AM
July 29, 2010
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
State Graduation Data | CompeteAmerica (http://www.competeamerica.org/state/state-data)
Stop the Diploma Drain!
America Can�t Afford to Lose Top Grads
It is counterproductive for the United States to train foreign-born scientists and engineers in our colleges and universities and then send them abroad to compete against American businesses.
Carnegie Mellon University
> 51 out of 80 total engineering Ph.D.s were awarded to foreign nationals (64%)
Cornell University
> 76 out of 144 total engineering Ph.D.s were awarded to foreign nationals (53%)
Georgia Institute of Technology (Georgia Tech)
> 193 out of 363 total engineering Ph.D.s were awarded to foreign nationals (53%)
University of Florida
> 119 out of 180 total engineering Ph.D.s were awarded to foreign nationals (66%)
University of Michigan-Ann Arbor
> 142 out of 255 total engineering Ph.D.s were awarded to foreign nationals (56%)
Purdue University
> 153 out of 218 total engineering Ph.D.s were awarded to foreign nationals (70%)
Stanford University
> 128 out of 247 total engineering Ph.D.s were awarded to foreign nationals (52%)
Texas A&M University
> 146 out of 184 total engineering Ph.D.s were awarded to foreign nationals (79%)
What�s the Diploma Drain at Schools in Your State? Click here and find out!
(All data represent the 2008-2009 academic year as presented in �Engineering and Technology Degrees 2009,� American Association of Engineering Societies)
Compete America supports Comprehensive Immigration Reform that includes a permanent fix to the arbitrarily low quotas and massive backlogs that currently plague the U.S. visa system for highly educated foreign professionals.
To learn more about how America benefits from a highly educated workforce, visit: CompeteAmerica (http://www.competeamerica.org).
Compete America (CompeteAmerica (http://www.competeamerica.org)) is a coalition of corporations, educators, research institutions and trade associations concerned about legal, employment-based immigration and committed to ensuring that the United States has the highly educated workforce necessary to ensure continued innovation, job creation and leadership in a worldwide economy.
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ameryki
04-22 09:20 PM
that is what the embassy has stamped on my old visa pages when I got a renewal visa stamped.
tnite
08-24 09:44 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Saravanraj , I sent you a PM .
Saravanraj , I sent you a PM .
mhtanim
09-10 03:01 PM
My understanding is that once you I-485 gets approved, the H4 gets invalided. She needs an AP to return.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
I have read at many forums that at the POE, the officer may not be able to see if the H4 has been invalided or not and may allow her to get in with H4. But if that happens, I think she will be in big trouble . As you know, it's always our responsibility to maintain status and act accordingly. This is why most of the lawyers suggest to carry AP.
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