meridiani.planum
03-02 11:58 PM
Hello, I am on H1B with an employer with dates from sep 2005 to sep 2008. I am amending my petition (with a new lca) as well as extending it for the same company. The amendment date will be from April 1st.
Now my question is shd my extension (with amendment) be from April 2008 to April 2011 or can it be for the remainder of 6 years that is April 2011 to Sep 2011. Please let me know. Thanks
upto april 2011. This is a bit like transferring your H1 after you complete 2.5 years with some employer: you get 3 more years, not 3.5. H1 extensions/filings/transfers are always <= 3 years.
Now my question is shd my extension (with amendment) be from April 2008 to April 2011 or can it be for the remainder of 6 years that is April 2011 to Sep 2011. Please let me know. Thanks
upto april 2011. This is a bit like transferring your H1 after you complete 2.5 years with some employer: you get 3 more years, not 3.5. H1 extensions/filings/transfers are always <= 3 years.
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hibworker
11-03 05:35 PM
I don't see any issues for your wife to convert to F1 now and then apply for I-485 when your PD gets current. However once she applies for I-485 then it will be risky to apply for extension of F1 or stamping F1 as F1 does not allow for dual intent and she would have shown her intent to immigrate. So after applying for I-485, it will be advisable to switch to EAD / AP for work and travel.
Hi,
I know this has been discussed a lot but I need advise or suggestions..
I am under Eb2 with priority date of Jan 2007 (labor and I140 approved) waiting for date to be current so that I can file I485 AOS....
My wife wants to convert from H4 to F1 for coming Spring 2011 so that she can take assistantship..
Is it advisable to change status to F1 with priority date so close..? does it cause any problems for her I485 application since F1 status is Non-immigrant category..
Please advise..
Hi,
I know this has been discussed a lot but I need advise or suggestions..
I am under Eb2 with priority date of Jan 2007 (labor and I140 approved) waiting for date to be current so that I can file I485 AOS....
My wife wants to convert from H4 to F1 for coming Spring 2011 so that she can take assistantship..
Is it advisable to change status to F1 with priority date so close..? does it cause any problems for her I485 application since F1 status is Non-immigrant category..
Please advise..
HV000
03-20 10:14 PM
Thank you all for your comments!
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VJDJ
08-15 12:02 PM
Thank you Anne for your reply.
My wife did call the National Customer Service Center and opened a service request too. But we have not heard anything yet. We tried getting an infopass appointment but none is available in our area. We will try it again tomorrow. I am kind of surprised how this can happen because in the USCIS database, approval of derivative application requires a check on primary application approval first. This is what I have been told by another lawyer.
Thank you for your input.
Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.
My wife did call the National Customer Service Center and opened a service request too. But we have not heard anything yet. We tried getting an infopass appointment but none is available in our area. We will try it again tomorrow. I am kind of surprised how this can happen because in the USCIS database, approval of derivative application requires a check on primary application approval first. This is what I have been told by another lawyer.
Thank you for your input.
Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.
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tessa06
01-13 04:03 AM
Hi,
I am in desperate need of answer to my question and good thing I found this forum.
I have a boyfriend who was a refugee and so he has a special case green card that doesn't expire. He was 2 yrs. old when he came here but never thought about applying for citizenship. Last year, we decided to go to Philippines this Feb 2011 due to a friend's wedding and vacation. He couldn't apply for passport since he was born in a refugee camp and so he doesn't have a birth certificate. He decided to apply for a I 131 on August. According to the I 797 that he received, received date was Aug. 30, 2010, notice date was Sept. 1, 2010. Since we were expecting to receive the I 131 before our travel date (feb 4th to be exact), we decided to buy the tickets last month (december). He's been calling USCIS about his status and yet, he got the same response as to what is posted when he checks his status online "accepted" which is not very helpful. He asked the customer service rep if he can expedite it and they said, they can't do anything about it. It's very frustrating that we can't get hold of anyone who's really working on his paper. Then somebody told us to try Infopass. He scheduled it today but the earliest date is on Jan. 21st which is like 2 weeks after our scheduled departure. Will that be enough time for them to process it just in case they will just gonna process it by then?
My other questions are, can Infopass help him with his problem? Can they release his I 131 or refugee travel document by the time of his appointment? According to their processing time, it should take them 3 months and it's been more than 3 months, can we travel without a travel document and without a passport? This is very frustrating and stressful... Your response is very much appreciated..
I am in desperate need of answer to my question and good thing I found this forum.
I have a boyfriend who was a refugee and so he has a special case green card that doesn't expire. He was 2 yrs. old when he came here but never thought about applying for citizenship. Last year, we decided to go to Philippines this Feb 2011 due to a friend's wedding and vacation. He couldn't apply for passport since he was born in a refugee camp and so he doesn't have a birth certificate. He decided to apply for a I 131 on August. According to the I 797 that he received, received date was Aug. 30, 2010, notice date was Sept. 1, 2010. Since we were expecting to receive the I 131 before our travel date (feb 4th to be exact), we decided to buy the tickets last month (december). He's been calling USCIS about his status and yet, he got the same response as to what is posted when he checks his status online "accepted" which is not very helpful. He asked the customer service rep if he can expedite it and they said, they can't do anything about it. It's very frustrating that we can't get hold of anyone who's really working on his paper. Then somebody told us to try Infopass. He scheduled it today but the earliest date is on Jan. 21st which is like 2 weeks after our scheduled departure. Will that be enough time for them to process it just in case they will just gonna process it by then?
My other questions are, can Infopass help him with his problem? Can they release his I 131 or refugee travel document by the time of his appointment? According to their processing time, it should take them 3 months and it's been more than 3 months, can we travel without a travel document and without a passport? This is very frustrating and stressful... Your response is very much appreciated..
bostonian28
02-20 01:12 PM
So TSC advanced by 1 week in 1 month or so ? I wonder how many cases they have appoved in the last month or so.
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eb3_nepa
06-14 02:47 PM
uma001, this joke is is VERY VERY bad taste. You are making a mockery out of a LOT of people's misery.
2010 Photo: Kelly Rowland Here I Am
snvlgopal
02-05 03:11 PM
Thanks chantu, She doesn't have AP, Do you think it is Safe only if she has AP ?
Yes, she can travel on H4 stamping. Also let her carry AP if need arises.
Yes, she can travel on H4 stamping. Also let her carry AP if need arises.
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gc_pd_nov_2005
07-17 09:31 AM
Greetings everyone.
I ran into these forums few days ago and realized what I have been missing for the past few years :-). Anyway, my GC priority date is Nov 2005 under EB2 (India). I am very GC-illiterate in the sense that after actively tracking and monitoring it for a year or so after filing for labor, I kind of gave up on the fact that I was going to get GC anytime soon and moved on. Except for replying to lawyer's emails whenever I get them, I didn't really monitor anything else. Anyway, here is some additional information -
1) I applied along with everyone else in July 2007 for I-485 and got my EAD.
2) I went for VISA stamping in Hyderabad in Nov 2009 and got 221(g) (I had all the documents but you know how 221(g)s were given out at Hyd like M&Ms at that time) and upon lawyer's recommendation entered the country through AP.
3) A part of my company was recently acquired by a different very large MNC and I chose to remain in the other half which wasn't acquired and we chose to do business as (DBA) as a different company. Lawyer said she took care of it on the GC app - I am guessing she filed for AC-21.
4) I currently applied for a EAD (current one expires in couple of months) and AP.
Long story short, my app status currently shows, "post-decision activity" -->Does it mean they already took the decision? Is there a chance something could go wrong in the next few weeks? I called the lawyer's office yesterday and they said I should hear from them in the first week of August and if the app status doesn't change, they will open a SR on my behalf around Aug 10th...
Any help is greatly appreciated.
Thanks a bunch!
I ran into these forums few days ago and realized what I have been missing for the past few years :-). Anyway, my GC priority date is Nov 2005 under EB2 (India). I am very GC-illiterate in the sense that after actively tracking and monitoring it for a year or so after filing for labor, I kind of gave up on the fact that I was going to get GC anytime soon and moved on. Except for replying to lawyer's emails whenever I get them, I didn't really monitor anything else. Anyway, here is some additional information -
1) I applied along with everyone else in July 2007 for I-485 and got my EAD.
2) I went for VISA stamping in Hyderabad in Nov 2009 and got 221(g) (I had all the documents but you know how 221(g)s were given out at Hyd like M&Ms at that time) and upon lawyer's recommendation entered the country through AP.
3) A part of my company was recently acquired by a different very large MNC and I chose to remain in the other half which wasn't acquired and we chose to do business as (DBA) as a different company. Lawyer said she took care of it on the GC app - I am guessing she filed for AC-21.
4) I currently applied for a EAD (current one expires in couple of months) and AP.
Long story short, my app status currently shows, "post-decision activity" -->Does it mean they already took the decision? Is there a chance something could go wrong in the next few weeks? I called the lawyer's office yesterday and they said I should hear from them in the first week of August and if the app status doesn't change, they will open a SR on my behalf around Aug 10th...
Any help is greatly appreciated.
Thanks a bunch!
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jsb
11-13 12:54 PM
I was employed by company A until from 2004 thru May'07 with labor and I140 approved in 2006, I was laid off from Company A in May'07 therefore I joined company B in June (transfered my H1).
In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.
Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?
Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).
In July , Company A agreed to file my I485 under future employment as all the EB catagories became current but I still work for company B (H1 with company B), now since in Jan'08 it will be past 180 days on my 485 application.
Can I file AC21 to change my employer to Company B and continue my I485 through to Company B?
Answer is Yes. Company B should be prepared to confirm that they have a job (same/similar as in original LC) which they will offer you on permanent basis upon your getting GC. Note that current job with B is on H1 (means it is not permanent).
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krustycat
10-05 09:55 AM
I'm waiting :rolleyes:
hot Kelly Rowland On Her Newfound
bagheera
06-10 05:28 PM
Hello all, please share your thoughts/advice on my case.
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
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house [Artwork] Kelly Rowland - Here
GotGC??
01-13 07:02 PM
I was in a similar situation, and they got my PP H1 because of my overseas travel.
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
tattoo Interview: Kelly Rowland
mmanurker
04-03 12:07 PM
Hello all,
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Can you please share your case details? what was the reason for 140 denial? After you filed MTR, how long it took for them to reinstate?
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Can you please share your case details? what was the reason for 140 denial? After you filed MTR, how long it took for them to reinstate?
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zoooom
10-29 05:54 PM
Hi ,
One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.
One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.
dresses Kelly Rowland has finally
dilbert_cal
09-28 09:20 PM
I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )
If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.
Is this true?
Can I not file in EB2?
It is better to be slow and steady and get your GC late than try to be fast and never get it ( late and fast is based on the current timelines )
If your lawyer feels it is better to go for EB3, go for EB3. Education requirements are not checked at labor stage but at I-140 stage and if you get your I-140 denied, thats a lot of hassle and trouble.
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stonecold54us
08-24 11:17 AM
Looks like your application which was sent on Jul -2nd now carries a received date of July 30 (as they got to the app around that day). Please provide some more details about your case
PD =
I=140 approval Service Center =
I-485 app mailed to Service center =
Cheques Cashed Date =
Thanks
PD =
I=140 approval Service Center =
I-485 app mailed to Service center =
Cheques Cashed Date =
Thanks
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eswaraprasad73
04-10 10:55 AM
I read in murthy.com that premium processing is not eligible for Substitution Labors for EB3 category.
Can anyone of you please clarify, if EB2 substitution labor is eligible to file under premium process
Can anyone of you please clarify, if EB2 substitution labor is eligible to file under premium process
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gc_on_demand
07-15 03:01 PM
NJ members please reply
ksairi
08-15 11:03 AM
I am in MD and 140- is already approved, 485 filed on 12th July at Nebraska, where to file EAD and 131. ?
cellphone
01-04 06:03 PM
May be it is worth it or may be not....In www.cnn.com there is a section (on the left hand side) asking what the democrats should do first. (They are basically asking our opinion)
I wrote down some items that I thought they should discuss, namely, in the area of legal immigration relief for EB categories.
We probably wont gain anything out of it; at the same time, it doesnt hurt to send them our opinion.
what say you ????
I wrote down some items that I thought they should discuss, namely, in the area of legal immigration relief for EB categories.
We probably wont gain anything out of it; at the same time, it doesnt hurt to send them our opinion.
what say you ????
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