rchristopherriley
11-01 09:11 AM
I'm from ROW, my spouse and me both have EAD and AP. But our I-485 is pending. My spouse isn't working but would be travelling to Germany next year while I won't be travelling with her.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
1. Is a good idea just to apply only EAD renewal for me and AP for her to save some bucks?
2. How soon will the service center accept the renewal applications before they expire?
3. What if I file these renewal by myself and don't use a lawyer. Will it make a difference?
4. What paper work do I need to submit with my applications for renewal either by online or manual?
5. What are the implications of not having to apply EAD for my spouse. Is she going to be out of status once her EAD expire?
Experts please advice.
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gsc999
02-28 12:15 PM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit.
--
Can't answer all your questions but here is what I did. I had been working for the same company for five years. My priority date was Sept. ' 02. I finally got a 45 day letter in March '05. I decided not to remain hostage to the green card process. I changed my job mid-2005. Refiled all the paperwork. I was in my 5th year of H1B. You are in a better situation than me because your I-140 has been approved and having worked there for six years you might be able to convince them not to revoke it if you change your job.
I suggest you write down all your career and personal goal for next five years. Prioritize. Act on whatever takes precedence. Be very honest because you will need to face the consequences, job satisfaction vs delayed green card.
--
Can't answer all your questions but here is what I did. I had been working for the same company for five years. My priority date was Sept. ' 02. I finally got a 45 day letter in March '05. I decided not to remain hostage to the green card process. I changed my job mid-2005. Refiled all the paperwork. I was in my 5th year of H1B. You are in a better situation than me because your I-140 has been approved and having worked there for six years you might be able to convince them not to revoke it if you change your job.
I suggest you write down all your career and personal goal for next five years. Prioritize. Act on whatever takes precedence. Be very honest because you will need to face the consequences, job satisfaction vs delayed green card.
amitjoey
01-09 11:30 AM
Please see some answers I am guessing:
1. Do I Need an airport transit visa since iam travelling visa France ?
No idea. Do not think so.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.
3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
Please check with a lawyer or consult lawyers website for other requirements.
My opinion, please do not rely on this information
Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling visa France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
3. Can I travel with an expired H4 visa ?
Please Help ???
1. Do I Need an airport transit visa since iam travelling visa France ?
No idea. Do not think so.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.
3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
Please check with a lawyer or consult lawyers website for other requirements.
My opinion, please do not rely on this information
Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling visa France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
3. Can I travel with an expired H4 visa ?
Please Help ???
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nish2006
04-27 08:52 AM
Dear All,
I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:
a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?
I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.
Best Regards
I had earlier submitted my paperwork for I-140 and I-485 concurrently via my lawyers during August 2007. On April 16th this year, I received email notification from USCIS that my I-140 had been denied, and that a letter describing this (with the reasons for denial and options available) was in the mail. That letter has yet to be received (it was probably mailed to the lawyers directly), but in the meantime, I would greatly appreciate your advice on this subject and a response to the following points, so I may plan the necessary action to defend my position:
a) I fully intend to appeal, but have been told that the success rate of such appeals is very low, in the 5-10% range. Would this be accurate?
b) Regrettably, my H1-B expired on January 24th, 2009. I should never have take the advice I did, but as a result, I now only hold an EAD and AP document, with EAD valid until Oct 2010 and the AP valid until Oct 2009.
c) Since my H1-B has expired, would denial of my I-140 automatically cancel my I-485 application? In such an event, am I allowed to stay in the country for the duration of my EAD and/or AP, and work for the same employer?
d) If I am not allowed to stay using my EAD/AP, would it help to re-apply for a new H1-B under premium processing? If necessary, I can even apply under a different company from my present employer (a wholly-owned subsidiary, also based in the US).
e) Another issue that may complicate this is the fact that I have already travelled once this year using my AP (after the H1-B expired), and this has been stamped on entry. Would this pose a problem with any new H1-B application?
I would really appreciate your taking the trouble to respond to the above queries, together with any advice you might have for someone in my position. Many thanks for your help.
Best Regards
more...
eb3retro
02-04 04:36 PM
has anyone requested USCIS to send AP via Fedex/UPS?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
whats so urgent about this?
I am thinking of sending USCIS a Fedex return envelope so that they can use that instead of regular USPS mail.
has anyone done this successfully?
would help me a lot
thanks
whats so urgent about this?
Mount Soche
12-07 09:03 AM
Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
more...
crystal
02-14 07:49 PM
You cannot jump to EAD unless you file ur wife I-485 . Before that if you jump to EAD , your wife has to leave the country as she become out of status as you are no more on H1b.
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
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desi3933
03-09 12:29 PM
.... None of my previous employers revoked my H1-B. ....
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
Please refer to the sec. 8 CFR 214.2 h(11). As per USCIS regulations, the employer is required to notify that the employment relationship has been terminated so that the petition is canceled.
______________________
Not a legal advice.
US citizen of Indian origin
more...
karsat
10-18 03:15 PM
Can someone please post all the documents required for filing AC21 ?
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lostinbeta
11-17 11:47 PM
HAHAHAHA......lol. That is friggin weird :P
more...
masti_Gai
01-05 03:58 PM
that might stop ppl from visiting the site and contributing their views in regards to the various immigration issues
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sanjay
07-07 08:09 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
I will appreciate your action.
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
I will appreciate your action.
more...
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mrajatish
04-02 08:51 PM
I am not part of the founder org. but I am just shocked at the venom you show in all your messages.
Your goals so far has been
1. Complain and rant about things.
2. Discourage people for participating in IV.
3. Trying to do a "divide-and-conquer" within IV.
IV is for all legal EB based immigration - it is very clear in the mission statement what is its goal.
Also, even if IV was as myopic as you claim, future generations of EB immigrants wll benefit simply by virtue of the fact that people currently in line will not fight with them for GC.
I have been an IV member for a long time, from the days when IV was 50 people org. One of the goals of IV has been to avoid personally maligning people, so I will refrain from that, but if you want to take up this matter, send me a PM with your email address. My email address is mrajatish AT yahoo.com.
Raj
Your goals so far has been
1. Complain and rant about things.
2. Discourage people for participating in IV.
3. Trying to do a "divide-and-conquer" within IV.
IV is for all legal EB based immigration - it is very clear in the mission statement what is its goal.
Also, even if IV was as myopic as you claim, future generations of EB immigrants wll benefit simply by virtue of the fact that people currently in line will not fight with them for GC.
I have been an IV member for a long time, from the days when IV was 50 people org. One of the goals of IV has been to avoid personally maligning people, so I will refrain from that, but if you want to take up this matter, send me a PM with your email address. My email address is mrajatish AT yahoo.com.
Raj
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abingc
08-16 03:22 PM
Hi,
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
more...
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ksam75
01-08 03:19 PM
Hi Gurus,
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
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mwin
06-11 08:57 PM
I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
"We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."
Is there something I can do to resolve this?
I sent the application to the following address:
USCIS TEXAS SERVICE CENTER
Atten: E-File I-765 PO BOX: 852401
MESQUITE, TX 75185
more...
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SK2007
04-02 01:15 PM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.
I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.
I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.
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Redeye
04-16 12:52 PM
Any help from the attorneys on this?
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moonrah
07-23 11:32 AM
Yes that is correct.
dhesha
12-16 04:29 PM
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska
I am just so frustrated (and happy for the TSC folks) that why all this approval thing is happening only in TSC, what is wrong with Nebraska
natrajs
12-16 02:07 PM
Ladies and Gentlemen,
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
As a EB2-India hopeful I was Current in Aug/Sept 2008, and had a 99.9% of hope of getting approval. However, they did nothing then though many with a lot lower (later) PD's and RD's were approved.
Now suddenly, I got several sets of emails with "Card production ordered", "Approval notice sent" and "Wecome as a New permanent resident" messages (some more than one with same message).
So, may be USCIS is not following any PD dates announced in Visa Bulletins, but this time for good. Ironically, I also got emails on my AP approval, which is dated a day later than GC approval. Sequence of LUDs is - AP received 11/11 with a soft LUD on 12/10, I-485 approval on 12/11, AP approval on 12/12. Got another set of emails today with similar contents as in emails dated 12/11.
Perhaps a lot is going on to clear old cases. Have hopes, and do something so that your file comes to someone's attention. ....Best to all....
Congrats and Best Wishes , It happened to my friend also, His PD is March 05 and got the approval on 10/29/08
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