addsf345
01-08 02:07 PM
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
any one?
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vallabhu
11-30 10:51 AM
Thanks for your reply except for HR letter I think we sent all the mentioned documents for the first response and we are resending them back, My provisional says Mathematics and Marks list says Math may be officer got confused
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
I was in a similar situation.. not exaclty the same...
I had an approved I 140 and then I got the Notice of Intent To Deny, similar reason. This is what I did.
- I called my unversity and asked them to send me a detail syallbus of the courses I attended
- A letter from a third part evaluator
- An indetail letter from my HR as to what my courses where and how the courses pertain to my work.
- A detailed letter from the attorney.
looks like you do not have any thing to worry, if you took math courses and your syllabus states that then you should be ok. Make sure that you mention in very much detail and repetedly about the courses you took so that they wont miss it. Good luck I am certian you will be ok.
Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
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Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
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gjoe
10-03 03:44 PM
I want that one strong message to be "Abolish modern form of Slavery" . This is possible and much easier than trying to tell people that we are legal and the bigger group is illegal.
The bottom line is slavery of both legal and illegals here, we should work to have this abolished in all forms.
The bottom line is slavery of both legal and illegals here, we should work to have this abolished in all forms.
mambarg
08-03 04:32 PM
This is exactly what everyone is doing.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
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kshitijnt
07-08 07:02 PM
Depends on what you are looking for and what your priorities are:
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
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amalshe
12-09 06:13 PM
PhD in Business from an accredited US institution; currently working as Asst Prof.
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phillyag
07-18 03:07 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
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mbawa2574
06-30 10:44 AM
How can some one with a damn 2 years experience get ahead of someone who is waiting for a while. I am going to report all the desi 2 people :mad: employers to USCIS trying to sell LC. Shut their shops and everything would be normal after that.:mad:
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boreal
09-07 11:32 PM
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?
Thanks in advance,
B
Can this thread be made sticky please OR moved to the top of the main page so that over time we can get some estimate of correct numbers?
Thanks in advance,
B
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desi3933
03-24 08:50 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing something here.
If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.
___________________
Not a legal advice.
am I missing something here.
If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.
___________________
Not a legal advice.
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file485
07-09 08:36 AM
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
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stemcell
07-01 04:07 PM
1.As someone suggested trying for fellowship will skip all the steps to practice OBGYN unrestricted.Again these are very limited spots and usually one needs the right contacts for this IMO.
2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc
3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.
2.Go the usual route...Pass USMLE Ste1, 2, CS and 3 (4 exams) and then you are ECFMG certified.Once ECFMG certified you can apply for the match (you can apply for the match with one step passed too but chances are you extremely low for an interview call).
The residency match happens once every year...many sources online...just google 'the residency match' and the process is self explanatory with lots of forums on websites like usmleworld.com, kaplan.com,scutwork.com,findaresident.com etc etc
3.My 2 cents most folks in her situation will find OBGYN residency just too much to handle (imagine > 80 hrs/ week for 4 yrs ) after slogging for the exams :rolleyes:
I would also recommend her to look into Physician Assistants programs.She will get a credit considering that she is a physician and she can finish it in 1-1.5 yrs. Work and Lifestyle is good and the money is good too :D.
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giddu
06-27 12:21 PM
June 18, 2007, ( Premium Processing)
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leo2606
01-10 05:09 PM
See my comments below.Answers are something I have used in my In Laws application.
While filling the application online for parents visa interview what would be a better answer for the following questions:
Who Will Pay For Your Trip?
Children(in US)
What would be a better answer?
Self.
OR
Children(in U.S)
Does it even matter?
Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
Bother/Sister etc.
Mention about the people(siblings of parents) that are here
Would it be better to say ?
No
OR
Mention about the people(siblings of parents) that are here
Was this Application Prepared by Another Person on Your Behalf? *
(If answer is YES, then have that person complete item 40.)
This question is about who completed the DS-156, if parents are educated just put 'NO'.That means they completed the DS-156 themself.Otherwise you can write whoever completed the DS-156
Should we say
Yes
OR
No (When actually Children are filling the application.)
Please Advice
Thank you.
While filling the application online for parents visa interview what would be a better answer for the following questions:
Who Will Pay For Your Trip?
Children(in US)
What would be a better answer?
Self.
OR
Children(in U.S)
Does it even matter?
Are Any of The Following Persons in The U.S., or Do They Have U.S. Legal Permanent Residence or U.S. Citizenship? *
Mark YES or NO and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.).
Bother/Sister etc.
Mention about the people(siblings of parents) that are here
Would it be better to say ?
No
OR
Mention about the people(siblings of parents) that are here
Was this Application Prepared by Another Person on Your Behalf? *
(If answer is YES, then have that person complete item 40.)
This question is about who completed the DS-156, if parents are educated just put 'NO'.That means they completed the DS-156 themself.Otherwise you can write whoever completed the DS-156
Should we say
Yes
OR
No (When actually Children are filling the application.)
Please Advice
Thank you.
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vikramy
07-10 05:06 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
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indyanguy
10-31 04:21 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
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rahul2699
05-13 08:35 AM
Hello -- How long does it usually take to get access to the donor forum? I've signed up for recurring contributions to the effort via Paypal yesterday and wondering when i'll be able to get access. I am not sure if this is the right place to post this or not but just curious..
gimme_GC2006
08-17 08:02 PM
gimme_GC2006,
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
ok..cool..thanks !!
Hopefully mine will also be cool. :)
I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.
so nothing to fear.
ok..cool..thanks !!
Hopefully mine will also be cool. :)
vparam
11-01 09:34 AM
One of the requirement is if you were last submitted to the U.S. as a non-immigrant on or before Sept 30, 2002. At that point in time, i entered the U.S. in January 2003 after taking a 2 weeks Christmas break.
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
The document you have reffered is -->EXTENSION OF REGISTRATION PERIOD
FOR CERTAIN NONIMMIGRANTS
and this extension is valid till on or before April 25, 2003
for the following
And you were last admitted to the United States as a nonimmigrant on or before
September 30, 2002; and
� If you are a male, born on or before February 24, 1987; and
� If you did not have an application for asylum pending on January 16, 2003, or if you are
not otherwise exempt as described in the attached questions and answers; and
� If you will remain in the United States at least until April 25, 2003.
So irrespective of the above regulation you should have registered if you are from the stated regions unless the original regulation also stated the above points. In that case you need not register based on the 1st point but would have to register based on the 4th point ***If you will remain in the United States at least until April 25, 2003.****. So cannot understand why you were mislead....
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