sac-r-ten
04-27 10:50 AM
I had ask these questions on the attorney calls few months ago and this is what i got from it.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
- No, need to have approved I140 in your case.
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
- No, need to have approved I140 in your case.
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
- Cannot file H1 extension with that
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
- i think yes.
Please consult a lawyer to get reliable answers/second opinion.
Good luck.
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rally
07-10 05:52 PM
I have got this response from Congressional Liaison, when I asked them for Update on my case whether I have to wiat till Oct or not based on the recent update on visa bulletin.
They Sent me This Email:
Your I-485 received on 5/21/07 and the Southern Service Center(TSC) is working these types of applications filed 9/11/06. They received your biometrics from the ASC 6/13/07 and the case has been assigned to an Adjudicating Officer for review. But, by the processing times, you still has a little time to wait.
Couple of question: They received your biometrics from the ASC 6/13/07 : Is this mean my FBI and Name Check cleared : I did my FP on same day?
the case has been assigned to an Adjudicating Officer for review: Is this mean I am in the last stage of getting final decision?
Anyone ?
RajForGC,
How does one go about getting in touch with a congressional Liaison?
Thanks
rally
They Sent me This Email:
Your I-485 received on 5/21/07 and the Southern Service Center(TSC) is working these types of applications filed 9/11/06. They received your biometrics from the ASC 6/13/07 and the case has been assigned to an Adjudicating Officer for review. But, by the processing times, you still has a little time to wait.
Couple of question: They received your biometrics from the ASC 6/13/07 : Is this mean my FBI and Name Check cleared : I did my FP on same day?
the case has been assigned to an Adjudicating Officer for review: Is this mean I am in the last stage of getting final decision?
Anyone ?
RajForGC,
How does one go about getting in touch with a congressional Liaison?
Thanks
rally
nonimmi
06-25 03:44 PM
does this mean EB quota exhausted???
see this thread... http://immigrationvoice.org/forum/showthread.php?t=5512
Please STOP spreading rumors.
see this thread... http://immigrationvoice.org/forum/showthread.php?t=5512
Please STOP spreading rumors.
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sanz
03-10 04:06 PM
Everything makes sense to us ... i hope some sense comes tot he folks manning the immigration process.
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Aah_GC
06-15 12:00 AM
It's been a while and I don't remember, what I signed - those were the times of innocence, if you could say that :). The physical copy should represent itself in no time once it is approved. I presume that is how the lawyer comes to know about it.
bobby123
12-29 12:50 PM
You have to go through the same process as a New H1B and it stamped in INDIA again and also get in touch with your new employer he should be able to give you the info you need. Their is no new form to be filled in.
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Sai gc
08-07 10:47 PM
Hi ,
I received NOID on my i 485 (to be precise here is what it states)
1)" 140 filled on behalf of you has been revoked by my previous employer ,also mentioned as it is after 180 days of filling my 485 ,but my application still valid with in the meaning of section 204 of the act.
but they asked for employment verification letter from my recent employer with duties,educational qualification and offered wage of salary as it is .
2) Inmatter of semerjian ,it was held that an immigrant alien with in the purview of section 212 (a)(14) must establish a bona fied intent to work in USA,immediately or in fore seeable future,in his or her qualifying endeavour or in a related field.
3) It was further held in matter of tanaham ,18 I & N dec.339(reg.comm.1981)under section 245 of act who meets the objective pre requisites is merely eligible to apply for adjustment of status. when an alien seeks the favourable exercise of discretion by this service ,it is incumbent up on alien to establish that he or she merits adjustment
what does number 2 and 3 mean? what should be provided in evidence to that?Please advice.
The date on the notice is june 23 rd ,but i received my mail 2 weeks back to the adress where i work.(say july 24 th)
Iam away from that adress since 2 weeks
Responded to my RFE with EVL (emploment verification)way back in august 2008 through attorney .so considering the date on notice that is june 23 rd. 33 days time has passed.but when i consider the date i received i still have time,which date should i consider,iam confused....,is it OK if i send my reply next week.Now iam worried,as just now i came to know about my letter from uscis(no online update though). what to do now,iam worried ,please advice.
--------------------------------------------------------------------------------
I received NOID on my i 485 (to be precise here is what it states)
1)" 140 filled on behalf of you has been revoked by my previous employer ,also mentioned as it is after 180 days of filling my 485 ,but my application still valid with in the meaning of section 204 of the act.
but they asked for employment verification letter from my recent employer with duties,educational qualification and offered wage of salary as it is .
2) Inmatter of semerjian ,it was held that an immigrant alien with in the purview of section 212 (a)(14) must establish a bona fied intent to work in USA,immediately or in fore seeable future,in his or her qualifying endeavour or in a related field.
3) It was further held in matter of tanaham ,18 I & N dec.339(reg.comm.1981)under section 245 of act who meets the objective pre requisites is merely eligible to apply for adjustment of status. when an alien seeks the favourable exercise of discretion by this service ,it is incumbent up on alien to establish that he or she merits adjustment
what does number 2 and 3 mean? what should be provided in evidence to that?Please advice.
The date on the notice is june 23 rd ,but i received my mail 2 weeks back to the adress where i work.(say july 24 th)
Iam away from that adress since 2 weeks
Responded to my RFE with EVL (emploment verification)way back in august 2008 through attorney .so considering the date on notice that is june 23 rd. 33 days time has passed.but when i consider the date i received i still have time,which date should i consider,iam confused....,is it OK if i send my reply next week.Now iam worried,as just now i came to know about my letter from uscis(no online update though). what to do now,iam worried ,please advice.
--------------------------------------------------------------------------------
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neeidd
12-24 01:31 PM
Create a new account using the following and follow the rest:
https://efiling.uscis.dhs.gov/efile/
Click on new user, then check mark the privacy policy then it will guide you step by step.
It is a renewal and it costs $340 to you.
Thanks for the reply, ajay
https://efiling.uscis.dhs.gov/efile/
Click on new user, then check mark the privacy policy then it will guide you step by step.
It is a renewal and it costs $340 to you.
Thanks for the reply, ajay
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tom
03-13 06:05 PM
The anwser for your new question is already answered by ashkam.
You don't need EAD to study. EAD is for working.
You don't need EAD to study. EAD is for working.
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optimystic
10-12 07:10 PM
We got our EAD cards today.
We had gone for FP on Sept 19th and saw LUDs on Sep 20th on our I-485s. But the EAD cards came without our fingerprints. EAD cards came from the same Service center (Nebraska) where the FP notices came from. So wondering, how they did not include our fingerprints in the EAD card?? I had also checked with FBI helpline two weeks back and verified that the FPs were delivered to USCIS.
Anybody else in similar situation?
July 29 filer, Nebraska
I-140 approved from Texas , Jan 2007
EB-3, PD: May 11 2001
We had gone for FP on Sept 19th and saw LUDs on Sep 20th on our I-485s. But the EAD cards came without our fingerprints. EAD cards came from the same Service center (Nebraska) where the FP notices came from. So wondering, how they did not include our fingerprints in the EAD card?? I had also checked with FBI helpline two weeks back and verified that the FPs were delivered to USCIS.
Anybody else in similar situation?
July 29 filer, Nebraska
I-140 approved from Texas , Jan 2007
EB-3, PD: May 11 2001
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cherylfoster
12-27 03:15 PM
If you wish to travel to England to travel to another destination without going through the Danish border and you have no right to carry in the UK without a visa, you need a direct airside transit visa, unless exemptions they direct airside transit visa. If you are a visa national and you pass through immigration control because you stop in the United Kingdom for over 24 hours you should use a visitor in transit visa.
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martinvisalaw
07-08 07:28 PM
No, no fee for an EADs or APs in this case
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kprgroup
12-28 10:05 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
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ss_col
05-21 12:20 PM
Does anyone know how are they planning to calculate the points and how much points do you need to file GC/eligible for GC?
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krishna_brc
07-30 04:37 PM
My PD is Feb 2008 and my I-140 has been approved the same year. I am on my H-1b 3 yr extension.
If I were to change my job now, will I lose my PD or can the new company refile my new I-140?
Read somewhere in forums that one can retain PD as long as pervious employer does not withdraw the approved I-140.
Also I-140 is based of future job.... so no worries as long as you work based of your H1.
Thanks,
Krishna
If I were to change my job now, will I lose my PD or can the new company refile my new I-140?
Read somewhere in forums that one can retain PD as long as pervious employer does not withdraw the approved I-140.
Also I-140 is based of future job.... so no worries as long as you work based of your H1.
Thanks,
Krishna
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boom
01-13 08:03 AM
I am having the same issue.Applied AP online on 1/10/11.Got receipt no and Application as PDF.I have the Receipt no and sent all supporting document with LINXXXXXXXX no.But I have been trying to add the case no to my profile and it says not found.I am not sure what can I do or wait for more days.
Thanks
Thanks
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aachoo
02-27 09:23 PM
Hi there,
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .
If anybody thinks otherwise please feel free to correct me.
I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a
This is exactly what my company's attorney had told me. If the new location is within commuting distance/same metropilitan area there is no need for a LCA amendment .
If anybody thinks otherwise please feel free to correct me.
I had the same situation a few years back (Menlo Park to Fremont, CA) if you know the area. The attorney said no need for new LCA.
-a
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gc_check
03-14 03:39 PM
I am planning to use AC21 by joining a company on this March month end , I asked new company to process H1, and its in progress.
In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
Your advices are appreciated
Applying AC21 will trigger the IO to update the case, and if all is fine, in some case, the case could be approved, though not at all time, You can try your luck, In July when all cases were current happened to a colleague with PD2004, the case was approved in a week after mailing AC21. Check with an Attorney.
In APRIL Visa Billiton my PD is current, as I have PD of JUNE 2001( EB2), my RD - JUNE 29, 2007 .at this stage if I change company what is the impact on my GC approval. Should I wait for some more time to join the new company?
Your advices are appreciated
Applying AC21 will trigger the IO to update the case, and if all is fine, in some case, the case could be approved, though not at all time, You can try your luck, In July when all cases were current happened to a colleague with PD2004, the case was approved in a week after mailing AC21. Check with an Attorney.
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vin13
11-10 10:15 AM
On the home page, just below ACTION ALERT on the right side there is this phrase : When will I get my Greencard?
Click on it and you will get the tracker.
Hope this helps.
Thanks. I never knew it was moved there.
Click on it and you will get the tracker.
Hope this helps.
Thanks. I never knew it was moved there.
ivgclive
12-16 09:33 AM
What profession have you applied under EB2?
bang
01-20 01:35 PM
Guys:
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.
Now, I am going to file for my extension.
The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.
When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.
Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??
Please share your thoughts.. I am perplexed..!!!
Thanks
Looks like the lawyer gave you half baked suggetion.
If she is leaving the country before her current I94 expiry then you do not need to file extension for her, but she needs to get H4 visa stamped before entering US, she can get a Visa stamp only with your H1 approval document only and not the extension pending application, which means she cannot get back into teh country until your H1 extension approval
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.
Now, I am going to file for my extension.
The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.
When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.
Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??
Please share your thoughts.. I am perplexed..!!!
Thanks
Looks like the lawyer gave you half baked suggetion.
If she is leaving the country before her current I94 expiry then you do not need to file extension for her, but she needs to get H4 visa stamped before entering US, she can get a Visa stamp only with your H1 approval document only and not the extension pending application, which means she cannot get back into teh country until your H1 extension approval
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