goingtoindia
03-30 01:51 AM
My I-485/I-140 were filed on Jul 2, 2007 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
P.S: I do not have a job yet.
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cooler
12-11 12:36 PM
EB2/Nov' 05/ 2yr
vijaysammeta
03-21 09:09 AM
How did you get to the confirmation page without the photograph being uploaded. I cannot seem to get past the photopage and it keeps throwing an application error. Which website are you using to fill in teh DS160? Thanks for a response.
2011 including Miley Cyrus.
markeh
10-13 07:03 AM
doh! maybe i'll have better luck with windows mobile 7
thanks for the reply :tini:
thanks for the reply :tini:
more...
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
kaisersose
07-28 03:48 PM
Hi,
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
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MCQ
04-22 02:24 PM
Here is my interpertation,
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
2010 MILEY CYRUS And Her Family
dealsnet
11-16 10:28 AM
See a lawyer. He can find out the better job description for you.
He need to file LCA according to these job title.
Consult a reputed lawyer.
I'm on my OPT, basically student F1 visa.
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
He need to file LCA according to these job title.
Consult a reputed lawyer.
I'm on my OPT, basically student F1 visa.
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
more...
ajm
04-13 09:29 PM
What if the house democrats become so pissed off and block the vote in the house?
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
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mbartosik
03-14 11:28 AM
service requests taking up to 60 days now and processing times 60 days behind published figures.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
more...
vxb2004
10-03 07:03 PM
As far as I know, I think you need an approved I-140 before you can use AC21.
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~Kipper~
04-17 07:11 PM
and it means to "paint/draw" so it has huge relevance to kirupa.com.
ealier posted by djn
ealier posted by djn
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wandmaker
04-01 10:01 PM
Hello everyone,
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
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Macaca
01-12 08:55 PM
The airline persons asked for I-94 when I checked in.
I feel it is safe to turn in both I-94's when you leave, after making a copy. I also feel, it is not a big issue.
I feel it is safe to turn in both I-94's when you leave, after making a copy. I also feel, it is not a big issue.
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tiinap
03-24 01:40 PM
"Is it usual for big employers to already have H1 visas to sponser you on".. All I know is that employers cannot have blank visas for hiring whom they want. They have to file a new application for a specific employee, so they have to start from scratch.
If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.
If your F1 covers you for 2.5 years, then there's some hope that immigration laws will change during this time. Because right now it's a nightmare. If nothing changes in the laws and cap number stays at ~65,000, then you will have to win a lottery to get an H1. We'll see on April 1, but most likely there is also a lottery for Master's degree holders.
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snathan
03-31 08:02 AM
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
more...
makeup Miley Cyrus Family
immi_seeker
10-02 11:17 PM
Hi Friends,
If Forom G-28 is signed while applying for EAD and AP,
who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...
Regards,
Alex
"AP & advance parole documents"..
What is the documents other than AP ?
If Forom G-28 is signed while applying for EAD and AP,
who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...
Regards,
Alex
"AP & advance parole documents"..
What is the documents other than AP ?
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GC_SUCK
03-27 12:18 PM
Any comments?
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TimN
04-19 06:15 PM
Here's my situation in briefest form. I'm engaged to a woman in the Philippines. She worked as a domestic helper in Kuwait from about 2005 to 2007, a period of about 2.5 years total.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
I understand that as we move forward on our K1 application (I'm an American just be clear) she'll be required to submit police reports for anyplace she has lived for more than 6 months. She doesn't have such an item from Kuwait, and it seems nearly impossible to obtain such a report. The websites all say that this document is only given to 'current residents'.
How can we obtain such document, and what if we can't? It seems unfathomable that the US Gov would request a possibly unobtainable document and then permanently deny our chance to live in the US together, if we are absolutely unable to obtain this document?
Does anyone have any advice, or can tell me what happens in a situation such as this?
Thanks for any help.
godblessamerica_2009
02-16 03:01 PM
any respnse pls
jsb
09-05 10:09 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
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