casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
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sunnymit
02-17 04:30 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
jazzy2
10-22 11:17 AM
EB2 RIR - india, PD MARCH 2003
BEC, philly. LC approved April 2007, June 1st filer
thanks
BEC, philly. LC approved April 2007, June 1st filer
thanks
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sri1309
11-02 01:48 PM
All,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
more...
java4yogi
09-03 04:12 PM
We have the 797 approval with us now. I'll try to checkout if we can apply for the SSN.
Thanks a lot guys for responding so quickly.
Thanks a lot guys for responding so quickly.
deecha
07-16 09:44 PM
Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
Well, that's true but I was being facetious. :-) I am an IT manager and I am aware of laws and regulations. My real intent was point #2. Have said that, I must also say that too many laws and excessive bureaucracy is the bane of this society (and other countries too, like India).
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
Well, that's true but I was being facetious. :-) I am an IT manager and I am aware of laws and regulations. My real intent was point #2. Have said that, I must also say that too many laws and excessive bureaucracy is the bane of this society (and other countries too, like India).
more...
smsthss
11-12 09:59 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
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angelfire76
06-04 02:53 PM
A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
more...
bkarnik
07-11 11:54 AM
Could you please post a brief transcript about what transpired? It need not be verbatim but enough to give us an idea of what was said.
Thanks
Thanks
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wait4ever
09-22 11:15 AM
You should not have any impact if you have the GC
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ajay
08-16 08:41 PM
What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
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kumar1
11-24 12:57 PM
IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
more...
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thomachan72
03-29 06:51 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Good idea. Now, how do we show that we are starving? Wont it be considered advantageous (healthwise) for many of us to starve? These days starving is not considered a self punishment but rather a therapy. I would suggest 'one day over eating-junk food' right in the front of the capitol would be better. In the US, I have noticed that most workers probably get a cofee in the morning, a pack of potatoe fries+coke for lunch and then eat heavily after 5PM. Thats very close to what you are proposing. Holding packards like "we skipped coke and lays today. now you better solve our problem".
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Good idea. Now, how do we show that we are starving? Wont it be considered advantageous (healthwise) for many of us to starve? These days starving is not considered a self punishment but rather a therapy. I would suggest 'one day over eating-junk food' right in the front of the capitol would be better. In the US, I have noticed that most workers probably get a cofee in the morning, a pack of potatoe fries+coke for lunch and then eat heavily after 5PM. Thats very close to what you are proposing. Holding packards like "we skipped coke and lays today. now you better solve our problem".
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number30
10-26 12:14 PM
Hi,
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
more...
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krishna_brc
02-05 11:02 AM
i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.
Well said eb3retro.
I totally agree with you.
Well said eb3retro.
I totally agree with you.
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ghost
07-24 04:20 PM
What can we ask for-
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
1) Portability for all cases where I - 140 is approved for 180 days, and the co. is unable to file for 485 because of retrogression.
2) ability to maintain priority dates incase labor is filed for more than 365 days and the employee is forced to change jobs - even though the i 140 is not approved because of delays at the BPCs
3) I guess asking for an EAD incase I-140 is approved for 180 days will be too much?
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
more...
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Dhundhun
06-22 02:22 PM
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
Unexpired I-94?
The status of I-485 pending (at least (c)(09)() class, I know) is not controlled by I-94.
If (s)he is on H1B/H4 she needs to have unexpired I-94. If I-485 pending then I-94 is not significant.
However, I suggested to get in touch with USCIS office.
For more understanding of I-94, in case of students it is stamped valid until I20 is valid. Students don't have I-94 expiry date. In similar way I-485 pending person remains in parolee status (parolee has six meanings in USA for immigration purpose including I485 pending), if other status is not there. I-94 does not control status of each and every case.
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JunRN
12-18 04:37 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
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nshantha
07-18 02:36 PM
Why you want to mad on him, What is there to become mad on him.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
rick_rajvanshi
08-19 09:39 PM
Thanks everyone for replies.
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
roseball
03-07 03:25 PM
Still valid meaning it has not expired.
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