hydboy77
04-27 09:59 PM
a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.
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bekugc
04-04 03:13 PM
Flexi,
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
kaisersose
05-30 10:17 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
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Pineapple
12-26 05:04 PM
I sent mine back over two and half months ago.. still no sign of a replacement card.. I called USCIS and they said they received the card, and are "reviewing the file". (how long does it take to figure out the freakin photo is wrong?). Did not specify how long will it take before they issue a new one.
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ivgclive
03-09 02:42 PM
You are already in EAD, and hopefully crossed 185 days dead line. Why can't you go with your EAD for rest of your life?
smartboy75
07-09 01:59 PM
USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
Hope this helps.
1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate
2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.
3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.
The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.
Thanks for clarifying....
I mistook AP to be a re-entry permit....My bad....
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kami97
06-10 01:40 PM
Help!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
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Beta_mle
02-20 06:52 PM
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.
Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?
Thanks!
Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.
Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?
Thanks!
more...
snathan
04-20 12:40 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me
I got the good news to share every one. got the approval . its wonderful
On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me
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vallabhu
01-02 11:56 AM
Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?
If you are asking about Labor petition It said Mathematics or related feild
if you are my qualification it is BSc with Mathematics. but my trascripts say maths1,maths2, maths3, maths4 as supposed to Mathematics1,Mathematics2,Mathematics3,Mathematics 4.
which made the difference.
but provisional said Mathematics, so adjudicator got confused.
If you are asking about Labor petition It said Mathematics or related feild
if you are my qualification it is BSc with Mathematics. but my trascripts say maths1,maths2, maths3, maths4 as supposed to Mathematics1,Mathematics2,Mathematics3,Mathematics 4.
which made the difference.
but provisional said Mathematics, so adjudicator got confused.
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sukhwinderd
10-04 01:22 PM
my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
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NKR
06-04 05:02 PM
They might not send one to you if you request over the phone, this is for your own security since you keep hearing about cases where personal identity is stolen. If you have an online account, log in and send a request from there, they might send it to your email for a nominal fee though I am not sure. I got mine from Bank of America for 10$
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rjgleason
May 23rd, 2005, 02:41 PM
I like them all Gary, but agree with Chris about the cloning out that bright white rock , or whatever it is, in the first one. Also, unless you've been there before, it's difficult to capture the enormity of those rocks. The footpath catches my eye in the second photo which gives some perspective on where you are positioned. It looks like you are a quite a bit above and working your way down to the path. The 3rd pic looks like a crop? of the upper-center of the 2nd pic? And lastly, can I apply for a job where you work so I can travel too!
QJ: I thought we were going to Exmor??
QJ: I thought we were going to Exmor??
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Maverick1
11-13 05:08 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
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jungalee43
06-29 06:44 PM
Sanjay,
Thanks for your reply.
Was your interview an "initial interview"? was the spouse with you?
I am taking all documents, but what specifially they look for? I am confused by what they mean "Originals and copies of all supporting documents submitted with the application"? Does this mean documents submitted with I-485 or labor certificate?
Can you post or PM your esperience?
Thanks for your reply.
Was your interview an "initial interview"? was the spouse with you?
I am taking all documents, but what specifially they look for? I am confused by what they mean "Originals and copies of all supporting documents submitted with the application"? Does this mean documents submitted with I-485 or labor certificate?
Can you post or PM your esperience?
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kumar1
07-28 01:18 AM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
v
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
v
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ilangocal
04-07 01:58 PM
I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards
Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?
How do you think I should go about confirming or getting more information regarding this?
Hi
Many thanks for your reply. So, am I correct in understanding that if I work with a consultanting company (my employer) and he places me at a workplace (physical presence) that happens to at a Not-for -profit organization, then this case would qualify to be a cap-exempt one?
How do you think I should go about confirming or getting more information regarding this?
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f1vlad
07-17 02:18 PM
can you provide the link to that blog? I cannot find it.
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don_don
06-25 08:43 AM
If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
praveenuppaluri
04-08 06:29 PM
U asked 2 basic questions and we already told you ,(1) you can find the members list yourself.. and (2) why do you need the list? what are you going to do with it??
if you think your time is so precious that you don't want to answer the above.. sorry boss, be prepared to be disappointed.. again.. (may VB is just out).
This is unreal !!.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
if you think your time is so precious that you don't want to answer the above.. sorry boss, be prepared to be disappointed.. again.. (may VB is just out).
This is unreal !!.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
sapota
11-15 11:47 AM
Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
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