glus
10-25 07:34 AM
The law does not allow for this. One can only transfer employment-based pd to employment based priority date. One can't transfer family based PD to employment based PD and vice versa.
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rck4evr
08-07 08:06 PM
My employer says its the company's policy not to file for EAD or AP for all its employees. They are just filing the 485. I am sure that they(employer and lawyer) will not be giving me the 485 reciept too.
What options do I have ?
What options do I have ?
Prashanthi
07-22 05:50 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
2011 Thank you!
Pineapple
10-13 03:47 PM
Thanks for responding, newuser, newbie2020, and We_will_get_GC!
Please PM me your contact information..
Please PM me your contact information..
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iman.karta
12-27 04:23 PM
Hi Starscream,
I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.
So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(
Thanks for the info!
I am currently in the same situation like you are (and hopefully were?); they are a mistake in filling the ETA9089.
The error is in such a way that from USCIS point of view, I worked during the gap of period between my OPT and H1-B transition.
So I guess I just want to know how your case is resolved? That way I have an idea what will happen to mine. ;(
Thanks for the info!
gc_dream07
01-30 09:59 AM
I have similar situation.
I changed my employer last year and used AC21 / EAD. Now I want to return back to old employer who sponsored my Greencard. Is there a way to withdraw AC21?
Thanks.
I changed my employer last year and used AC21 / EAD. Now I want to return back to old employer who sponsored my Greencard. Is there a way to withdraw AC21?
Thanks.
more...
ZeroComplexity
03-13 03:11 PM
IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
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AabTuAgaGC
01-25 03:33 PM
Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
more...
kevnss
04-02 02:35 PM
Thanks for the useful information.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
Recently I came back from India based AP but they stamped Mar 23 2009 on my I-94 as expired date since my AP will expire during that time. So would I need to file H1 extension to get new I-94.
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vselvam
12-04 01:30 PM
July�07 filer - H1-B renewal after filing I-485 (12th Year)
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
more...
sailor24
01-09 12:05 PM
hi everyone,
great info.
finally i was able to file my petition as spouse of us citizen. 1400 $!!!
this is my second time filing papers since 2004. we got denied for no show in interview.
we been 5 years married and goiing strong.
i read for one week instructions and self filed it.
im applicant of adjust status +i131 under spouse of citizen.
after self filed the papers, they are asking for initial evidence for i-485, wi thout that they cannot give me work permit.
.i put on support avidavit last year our joint 1040 with 10000 $ .it is not enough so we got joint sponsor, our friend, single with 40000$ at 1040.
i put my self as household member earning 90%. of 10000$. bad year. my wife could not work for long time.
the trouble is that income of mine with w2, was expired work permit.
dont ask me how because i dont know what happened i guess i forgot.:mad:
i know how stupid of me!!
they are asking for initial evidence of I - 485, to accept my income as household memeber, which as far as i understand to justify my earnings.
so i guess im big trouble showing that i worked without authorization.
please i need heads up.:confused:
im meeting several lawyers on monday, some of them with consult fee!!
what are my options????
any gooood immigration lawyer in tampa, florida.
please help!!
great info.
finally i was able to file my petition as spouse of us citizen. 1400 $!!!
this is my second time filing papers since 2004. we got denied for no show in interview.
we been 5 years married and goiing strong.
i read for one week instructions and self filed it.
im applicant of adjust status +i131 under spouse of citizen.
after self filed the papers, they are asking for initial evidence for i-485, wi thout that they cannot give me work permit.
.i put on support avidavit last year our joint 1040 with 10000 $ .it is not enough so we got joint sponsor, our friend, single with 40000$ at 1040.
i put my self as household member earning 90%. of 10000$. bad year. my wife could not work for long time.
the trouble is that income of mine with w2, was expired work permit.
dont ask me how because i dont know what happened i guess i forgot.:mad:
i know how stupid of me!!
they are asking for initial evidence of I - 485, to accept my income as household memeber, which as far as i understand to justify my earnings.
so i guess im big trouble showing that i worked without authorization.
please i need heads up.:confused:
im meeting several lawyers on monday, some of them with consult fee!!
what are my options????
any gooood immigration lawyer in tampa, florida.
please help!!
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ags123
09-02 09:02 AM
Another amazing day is about to dawn on us :)
I should clarify 2 items on the poll:
a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.
I should clarify 2 items on the poll:
a) I have compressed 3 mini polls in one to get max info. So percentages wont make sense.
b) The post jan 15th 2005 is to know how many approvals did not have PD current. I see 4 people voting for it. I am not polling who is waiting with post jan 15 2005 PD.
more...
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vamsi_poondla
04-15 12:33 PM
"Don't worry. The same happened to us. In fact once our case was transferred our approval came in very quickly. Good Luck."
This is the message from one of the IVians.
I know we cannot say anything about USCIS. They do all sort of crazy things
This is the message from one of the IVians.
I know we cannot say anything about USCIS. They do all sort of crazy things
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crystal
07-08 03:22 PM
I beleive you need to choose Indian Citizen residing in United States .Check on thrusdays and fridays more closely
more...
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go_getter007
07-09 02:19 PM
Please scroll almost to the bottom of the page on this URL: http://www.indiainbusiness.nic.in/visitors-guide/visa.htm. There are two paragraphs for PIO card holders as given below:
PIO (Persons of Indian Origin) Card holders : Following the introduction of the PIO Card scheme, PIO card holders are eligible for visa free entry into India for a period of the validity of the card i.e. 15 years, and they are NOT required to register themselves with the concerned FRO/FRRO if their continuous stay does not exceed 180 days. If the continuous stay exceed 180 days, the foreigner should approach the concerned FRO/FRRO for registration within 30 days of the expiry of 180 days, who will in turn register them.
Children below 16 years: As per para 2 of Registration of Foreigners (Exemption) Order, 1957, children below the age of 16 years are exempt from the requirement of registration.
So, it seems, kids don't need to register. Common sense does prevail even in India sometimes. :D
GG_007
As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid
PIO (Persons of Indian Origin) Card holders : Following the introduction of the PIO Card scheme, PIO card holders are eligible for visa free entry into India for a period of the validity of the card i.e. 15 years, and they are NOT required to register themselves with the concerned FRO/FRRO if their continuous stay does not exceed 180 days. If the continuous stay exceed 180 days, the foreigner should approach the concerned FRO/FRRO for registration within 30 days of the expiry of 180 days, who will in turn register them.
Children below 16 years: As per para 2 of Registration of Foreigners (Exemption) Order, 1957, children below the age of 16 years are exempt from the requirement of registration.
So, it seems, kids don't need to register. Common sense does prevail even in India sometimes. :D
GG_007
As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid
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Blog Feeds
05-05 06:50 AM
This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
more...
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saimrathi
07-19 02:57 PM
Please check if threads on similar issues exist before creating new threads...There are lots of threads on this issue.. the best way would be to check http://www..com/ ..Thanks.
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VivekAhuja
06-16 07:29 PM
No one can guarantee you what you will be asked for. Take everything that you normally need. Legally company MUST give you pay stubs in some form (electronic or paper) if they have paid you. What is the reason for not generating pay stubs if you have worked there after I-797 approval notice or even just after filing? Visa stamp on passport is not required.
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gcpool
08-07 04:18 PM
I think this is the standard message. The message told to me is below
"All cases received before 2006 are being worked on. And cases filed later on might be worked on after 6 months."
More over the lady sounded very pissed off.
But if you go to there are cases filed later than sep 2006 getting approved.
"All cases received before 2006 are being worked on. And cases filed later on might be worked on after 6 months."
More over the lady sounded very pissed off.
But if you go to there are cases filed later than sep 2006 getting approved.
FinalGC
07-31 09:44 PM
instead of a thread, is it possible to track using a spreadsheet????
dskhabra
04-02 01:12 PM
I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.
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