arnet
11-16 12:39 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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Berkeleybee
03-07 11:30 AM
Dspg,
That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.
I sincerely hope you are.
best,
Berkeleybee
That post was not about my or IV's "worrying" about the doom and gloom crew - it was to ask them to cut the wailing and get up off their butts and do something.
I sincerely hope you are.
best,
Berkeleybee
Alabaman
10-30 09:04 PM
that settles it. Receiving Unemployment benefits is okay on AOS.
but the states wont pay you anyways... they will say you are not a PR. So Unfair.
but the states wont pay you anyways... they will say you are not a PR. So Unfair.
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rockstart
01-15 12:54 PM
I got mine in 3 months non premium processing for H1 extension (1st 3 years over so applied for second three years) same employer, same profile. So basically the most straight application you can put.
more...
waiting4gc02
11-15 03:30 PM
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
snathan
02-03 02:20 PM
Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.
Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
:D:D:D:D
His resume is available at
http://www.itgrunt.com/
Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
:D:D:D:D
His resume is available at
http://www.itgrunt.com/
more...
veni001
01-17 05:14 PM
hey
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
Chances for an audit are 95%:(
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
Chances for an audit are 95%:(
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Michael chertoff
05-14 10:01 AM
Silver Spring
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jyothu
07-18 04:19 AM
The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
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jnraajan
07-27 11:29 PM
Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.
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kondur_007
08-17 10:47 PM
This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
Just my opinion.
Good Luck.
Just my opinion.
Good Luck.
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wandmaker
10-22 10:23 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".
If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.
More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
The penalties for failure to notify USCIS of change of address include criminal conviction of a federal misdemeanor, imprisonment of up to 30 days, fine up to $200. Penalties extend to detention and removal (deportation) from the U.S. if the failure was not "reasonably excusable" or "willful".
If subject to special registration, the penalties for failure to comply with any of the requirements of special registration, including failure to notify USCIS of change of address, job or school or comply with the entry, exit and reporting requirements of special registration, include denial of change or extension of status applications for failure to maintain status, removal (deportation) and exclusion from the U.S. Penalties for fraudulent statements or for "willful" failure to register include criminal conviction of a federal misdemeanor involving imprisonment of up to six months, and fine up to $1000. The penalties for a sponsor (Form I-864) to notify USCIS of change of address include civil penalties of $250-$5000.
More FAQs at http://www.jackson-hertogs.com/JH/faq/8054.pdf (http://www.jackson-hertogs.com/JH/faq/8054.pdf)
more...
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cool_guy_onnet1
06-04 01:31 PM
Hey,
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.
Anyone else is like me - My 9th yr H extension was receipted from VERMONT on Jan9th '08 and its almost June 9th '08 and I'm still "Pending"... The peoples i know of got it in 2-3 months , worst case is 4 months.
Earlier i had Extension from VERMONT within 1-2 months , don't know what special stuff they have found for me this time !! :rolleyes:
I am applying for premium today- Keeping my fingers crossed as I have to make a trip in last week of June.
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senthil1
06-27 10:29 AM
It is difficult to get H1b without client letter. Also many consulting companies stopped H1b because of RFE and denials. It is a good idea to try job to 2 to 4 more weeks.
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
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vin13
10-26 01:31 PM
My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
Does she need French transit visa ??
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
Does she need French transit visa ??
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
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vactorboy29
06-29 04:44 PM
Last year I had applied for Schengen business visa. I was able to get using Blue cross blue shield Letter saying about their international coverage.Call your insurance and ask them to fax coverage letter.
One more thing when I had applied for visa they just issued for specified days as it was mention in business invitation letter. Then I end up reapplying it to get for four months.
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
One more thing when I had applied for visa they just issued for specified days as it was mention in business invitation letter. Then I end up reapplying it to get for four months.
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
more...
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iwantmygcnow
11-09 10:22 AM
This is exactly what happened to my case. My attorney sent the porting request three time with no success. He says USCIS is returning the request without giving any reason.
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saji007
05-03 09:45 AM
1. No need to apply extn with the new employer, when you file for H1-Transfer you get 3 year extenstion
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
2. You need to apply for new PERM through new employer, as you do not have a pending i-485. In my case I have an EB2 Perm with proiority date of Feb 2008. New company filed for PERM in 2011 and is pending. Once they file for I-140, they will port the priority date from the old PERM. Attorney never told me any thing about job description or any issue as you can even port the priority date from EB3. So i think that does not apply. You will need your I-140 and PERM copies from the current employer while doing the transfer and porting the priority dates.
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singhsa3
06-02 03:54 PM
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
sarika
07-26 02:13 PM
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
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