delhirocks
06-23 12:22 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
If dates retrogress, I-485 processing is FIFO based on PD.
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hpandey
03-13 10:49 AM
Even if your extension gets denied then your current H1 is still valid till Sep 2009 and you can work till then ..
cladden
02-23 03:22 PM
Hi Everyone
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
Thanks a lot. Hope someone can help me.
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
Thanks a lot. Hope someone can help me.
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GCNeophyte
07-02 08:53 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
more...
gcisadawg
04-29 02:23 PM
What if you have AP but not used it, instead used the re-validation rule to enter into the country, using H1. Would that invoke abandonment of 485?
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
The scenario covers people who are working on H1B and have their I-485 pending and have not applied for AP and have a expired H1B visa stamp on their passport. It doesn't matter if they have a H1B extension on hand with a new I-94 stub. If they travel abroad, it could very well be considered as an abandonment although they might be permitted to re-enter under "automatic visa revalidation" rule.
If I've I-485 pending, i would never travel without an AP.
-GCisaDawg
PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
more...
jville
11-10 11:53 AM
sorry folks. that was I485 /AC21
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leonqiu
03-06 01:37 PM
Gurus, business in my company is getting really slow and everyone is saying that some sort of lay-off is imminent. Although I am actively looking for new job, I find that the timing issue is hard to deal with.
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
more...
looneytunezez
11-02 12:19 PM
Thanks...but i agree with your paralegal friend.......there is no logic to it all.
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
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anilsal
12-02 11:43 AM
We can never trust that lawyers have the latest information. That is why it is so important to get views from the community in forums. Everyone has different lawyers and has different experiences.
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jvs
06-18 06:50 PM
Regarding "how soon can you go for stamping"
Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.
I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.
Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.
I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.
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user
09-24 10:09 AM
No offense to op but this article is as valid as saying visa recapture will PROBABLY happen soon.
Infact if you replace economy with recapture and Bernanke with... well pick any name (Lou Dobbs ?) it would be just as reassuring.
Just seeing from my perspective... no offense intended to anyone.
Good day.
" Wait! Are you prepared for the consequences?" - Me.
Infact if you replace economy with recapture and Bernanke with... well pick any name (Lou Dobbs ?) it would be just as reassuring.
Just seeing from my perspective... no offense intended to anyone.
Good day.
" Wait! Are you prepared for the consequences?" - Me.
more...
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pa_arora
09-05 01:30 PM
Thankyou guys, appreciate your answers and help.
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masti_Gai
10-27 10:46 AM
Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.
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coolgc
05-14 09:42 AM
Hi,
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
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gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
more...
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raysaikat
06-21 01:39 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
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Pineapple
10-13 10:28 AM
If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
Once we have some people, we can plan and set up appointments over the next few weeks.
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reachinus
07-18 12:58 PM
As far as i know you will be getting 1 receipt number for each application. so totally 6 numbers to keep track of for the years to come. By the when did u file? Was it for June filing? of July filing?
rvr_jcop
02-18 10:29 PM
hi,
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.
ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
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