ebizash
05-01 05:13 PM
I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.
This is based on my reading up other posts on IV and may not be accurate.
This is based on my reading up other posts on IV and may not be accurate.
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aroranuj
06-16 12:52 PM
I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
MightyIndian
11-05 11:08 AM
He is the ex-chief minister of Andhra pradesh, a state in India of which Hyderabad is the Capital. As for CBN's agenda, he is too concerned about his chances of getting re-elected to worry about other things. My take.
Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.
Now we see his reforms being applauded everwhere.
MI
Aligning with Communists, he may not the same reformist as he was before. It was those reforms that brought the change. Initially everwhere reforms face stiff resistance and and as time goes by people bear the fruits. But people of Ap could not wait and threw him out of power.
Now we see his reforms being applauded everwhere.
MI
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rally
07-12 10:41 AM
http://www.cnbc.com/id/19638235/site/14081545/page/2/
Condi is the boss , Emilio Gonzalez was just following orders.
We should not let condi forget her roots. Let her not forget that this country facilitated her immigrant ancestors to settle here. Being a citizen of this country, she was able to rise to this powerful position that she is now.
Condi is the boss , Emilio Gonzalez was just following orders.
We should not let condi forget her roots. Let her not forget that this country facilitated her immigrant ancestors to settle here. Being a citizen of this country, she was able to rise to this powerful position that she is now.
more...
ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
brij523
02-17 10:59 PM
Sent you a PM
Thank you.
Any IV core member will like to join the call? It would be better.
Thank you.
Any IV core member will like to join the call? It would be better.
more...
looivy
07-16 11:02 PM
I-140 onwards in good 'ol days when there was no PERM because your LC would not reach USCIS untill you applied...now i believe you file PERM with USCIS so it would be LC. ....someone correct me if I am wrong.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
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pak
07-19 08:25 AM
I am on H1B and finishing 6 yrs in Jan 2008 and my employer never applied LC. My wife is on H4 and her LC is approved.
We are applying 140, 485, 765 for my wife. I and my daughter applying 485 and 765. So our status will be on EAD.
I have another daughter aged below 14 so can not apply 765.
My questions are:
1. After the expliry of my H1B, wife's H4, Kids' H4, what will be our status?
2. What will be status for my daughter aged below 14 yrs.
I am filing my own due to lack of fund, pl. help gurus!!!
We are applying 140, 485, 765 for my wife. I and my daughter applying 485 and 765. So our status will be on EAD.
I have another daughter aged below 14 so can not apply 765.
My questions are:
1. After the expliry of my H1B, wife's H4, Kids' H4, what will be our status?
2. What will be status for my daughter aged below 14 yrs.
I am filing my own due to lack of fund, pl. help gurus!!!
more...
seahawks
10-27 11:40 AM
Please make sure all WA state members attend this meeting. This is our first meeting. We want to meet all of the members so that we can better connect and share information that cannot be posted on public forums. We also want members to work together to build a strong local state chapter. We have lots of exciting tasks that we all need to take up, your participation is critical for meeting IV goals. Please act, join and meet with us!
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sarasuva
01-30 12:25 AM
Hi,
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
-I got my I140 approved in MAY 2006.
-I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
- I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.
-On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
-My employer responded to USCIS letter with required documents.
-We are waiting for USCIS decision.
In this situation
1.Will my H1B also be revoked if I140 is revoked?
2. Can I transfer my H1B to another employer. How much time do I have?
3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.
Any other suggestions , help that you can do. Please advise?
more...
learning01
05-22 12:09 PM
Keep checking every day or if possible atleast 4 times a day. They will release dates suddenly ( I don't know the rhyme or reason). One appointment for a family. You can add additional members right away. But once you pick a date, you CANNOT prepone or postpone. When you select the date of appointment, it will NOT ASK for CONFIRMATION; so please be sure of the date BEFORE HAND. Then you will proceed to type the 3 forms for each person going to the interview. For each person it takes atleast 20 min to fill the forms.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
To take another date you have to cancel your appointment. Your typed forms are lost. When you take another appointment, you have to type all over again. You have to cancel 48 hours before your appointment time in IST, otherwise you cannot cancel.
Also check two more things:
1) Emergency appointments can be booked for non-medical reasons , that is for visa extension. But please check this.
2) You can prepone your date any number of times, but can postpone ONLY once. Check this if this is correct.
If you need more info, please PM me. I am from South but took an appointment in New Delhi, but had to cancel it.
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website,
Thanks.
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wenkatesh
04-20 09:45 PM
Hi,
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
more...
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HV000
11-11 01:50 PM
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!
My post is not intended to lighten the Armenian Genocide event.
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!
My post is not intended to lighten the Armenian Genocide event.
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newuser2011
05-16 04:15 PM
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
more...
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hellomms
02-12 11:34 AM
Should have asked this question a year ago. Sorry, not rubbing it in but if you had applied last year you probably would have had your PErm approved and possibly 140.
Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485
Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485
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Dhundhun
06-06 01:48 PM
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
more...
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sircaustic
07-15 10:46 PM
Hi,
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
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vasudevan_c
02-15 09:25 AM
Yes, it is possible because H1-B is a dual intent visa.
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immigrationvoice1
04-09 12:14 PM
Planning to use AC21 Portability and work on EAD.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
I do not think one can continue working if the existing EAD has expired and the renewal has not arrived.Though, one is still in AOS but simply cannot work till he renewed EAD arrives.
This is what I gathered from various websites so far but would like to see some comments from the experts here.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
I do not think one can continue working if the existing EAD has expired and the renewal has not arrived.Though, one is still in AOS but simply cannot work till he renewed EAD arrives.
This is what I gathered from various websites so far but would like to see some comments from the experts here.
venkat1247
10-29 03:26 PM
hi i got the some question how to open NRI acc
martinvisalaw
06-01 06:13 PM
CIS could have asked for a copy of your previous Advance Parole, for example, in the I-131 RFE. Hopefully you have received the RFE by now so you know what it asks for. You should also have got the I-140 notice. If not, you should call CIS to see where they sent it in case it went to the wrong address.
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