vactorboy29
02-19 06:01 PM
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
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boston_gc
06-05 08:33 PM
I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.
Does anyone else has comments on this?
Does anyone else has comments on this?
GCA
07-12 12:25 PM
Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
Just on the lighter side...
Definitely not when biting!!!..
So, a barking dog will still bite, but it stops barking just b4 that..:). So the old adage still holds good..
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Templarian
08-20 12:27 PM
So who's making the Ya' RLY smilie? I tried, but that one is really hard to make small.
:orly: and :yarly: easier to remember.
:orly: and :yarly: easier to remember.
more...
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cinqsit
09-27 11:55 AM
Hey
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.
- cinqsit
deardar
02-08 08:20 AM
Who are comming from USA ,did have particular consulate to attend.
How long have you been in usa ?
Is this your first time revalidation ?
How long have you been in usa ?
Is this your first time revalidation ?
more...
gcseeker2002
09-18 11:33 AM
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
My AP was approved Sep 9th, and EAD on Sep 12th, got EAD yesterday(16th), no AP yet, hope they send it to me this week, I dont want to pay again and refile
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
My AP was approved Sep 9th, and EAD on Sep 12th, got EAD yesterday(16th), no AP yet, hope they send it to me this week, I dont want to pay again and refile
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nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
more...
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glus
05-10 09:58 AM
Hello,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
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kumar1
02-13 03:37 PM
I have a feeling that most of the people on this forum would directly get senior citizenship in this country.
more...
bec
11-04 06:36 PM
Hey i was so happy to read that EB3 was current in your post, but got disappointed after i read your msg :(
I dont think we can change the title, the moderators have to change it !!!!
you can change it.
I dont think we can change the title, the moderators have to change it !!!!
you can change it.
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manderson
09-21 03:05 PM
Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
more...
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chanduv23
05-19 01:37 PM
Hello All,
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
If your case is approvable - it gets approved. Just because you take an infopass - your case will not get denied.
My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?
1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?
2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?
3.Does Info-pass enquiry cause any negative effects on my I485 processing?
4. Any other guys in the same boat and what you guys are doing?
I really appreciate your advice. Thanks in advance for your good work.
If your case is approvable - it gets approved. Just because you take an infopass - your case will not get denied.
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hebron
08-31 12:47 PM
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Hey H1Girl, kriskris did not use the word "ATTRONEY".
ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
ATTRONEY - Word yet to be invented/discovered in english.
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Hey H1Girl, kriskris did not use the word "ATTRONEY".
ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
ATTRONEY - Word yet to be invented/discovered in english.
more...
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vikram2101
08-08 05:34 PM
That's funny someone told you that ..
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
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satyasaich
07-31 08:37 AM
In the first place, without knowing the job details how a person gets an offer? by the way LCA number will never give a detailed description of nature of job.
Hi Gurus,
I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?
Thanks
-sent
Hi Gurus,
I got an offer from a company and having the LCA case number with me. Is there any way that I can find the job description using my LCA case number? or else anyone tell me how to find the job description?
Thanks
-sent
more...
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humdesi
05-31 08:53 PM
A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..
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maverick_joe
11-16 01:03 PM
same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.
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immi_enthu
08-10 04:26 PM
your attorney or employer (whoever filed it) will get the approval notice.
wont the company receive a courtesy copy even if attroney files it ?
wont the company receive a courtesy copy even if attroney files it ?
nashorn
12-12 03:03 PM
Guys, I guess almost everybody is done with their finger printing by now. I am wondering what is the status of everybody's I-485 application on the case-status-online website after finger printing? Mine is showing some weird status, so I thought I better check with others.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
Most people got changes on the LUD date in a short period of time after their biometrics taken, but no change in the word of status.
zico123
05-17 01:53 PM
According to BBC:
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
Link: http://news.bbc.co.uk/2/hi/americas/6667257.stm
The White House and the US Senate have reached a deal on an immigration bill that could give legal status to many of the 12m illegal immigrants in the US.
Democratic Senator Edward Kennedy confirmed the agreement that would also establish a merit-based system for future migrants.
US President George W Bush is expected to endorse the bill, which strengthens border controls, Mr Kennedy said.
The proposal comes after months of bitterly fought debate over the issue.
Points system
After first paying visa fees and a $5,000 (�2,530) fine - and returning to their home country - illegal immigrants in the US would be eligible for the planned "Z visa".
Holders of this proposed visa would have to wait between eight and 13 years for a decision on their permanent residency application.
Another key component of the deal was the establishment of a "points system" that would emphasise new immigrants' education, language and job skills over family connections in awarding green cards.
New limits would also apply to US citizens bringing foreign-born parents into the country.
The bill also establishes a two-year temporary guest worker visa.
Holders of this visa would be allowed to renew their papers twice, but would have to return home for a year between each stint, and would have virtually no chance of gaining permanent residency or citizenship under this program.
The bill is expected to cause passionate debate in the Senate next week.
Immigration reform has been one of Mr Bush's top priorities in government, after the so-called "war on terror".
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