Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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lotsofspace
12-31 01:32 PM
Now that it is 180 days Since Jul 2nd and some of us are thinking about AC21. Some are invoking AC21 and sending the documentation as soon as they change jobs and others are thinking of not informing the CIS (AFAIK Informing CIS is not mandatory as per AC21).
A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.
It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.
This is a simple poll.
PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.
A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.
It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.
This is a simple poll.
PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.
Abhishika
12-13 06:32 AM
Hi All,
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
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sreeraghu
07-16 12:25 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
Thanks!
more...
doomdoom
08-24 10:17 PM
Hi All,
I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.
thanks
I lost my renewed EAD. It was approved for 2 years. My license is expiring in SEP 30th. Can I submit AP in DMV for status check. If I applying EAD for lost card, Can I at least submit receipt notice? I dont think I wont get replaced card before SEP 30. Please help me. I am not in H1B status.
thanks
pramodirt
12-06 11:07 AM
My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?
Please let me know your suggestion.
H1b extension Receipt Notice issue time in PP
more...
saileshdude
06-02 05:45 PM
I'm curious if anyone has got multiple RFEs on their I-485 application. I had an EVL RFE last year and wonder about the chances they'll give that (or any other) RFEs again in future.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
No personal experience but based on recent visa bulletin and slow movement prediction going forward I would not be surprised if they send another EVL RFE, especially if your PD is more recent. This is because if and when your PD is approaching to be current, that could take 2, 3 4 or even 5 years. They may ask for EVL again to verify you still have a job offer after 5 years.
Any personal experiences?
By multiple RFE I don't mean many questions in 1 RFE letter. I mean USCIS sends you 1 RFE, receives reply and resumes the case and then at a later point in time sends another RFE on the same application.
No personal experience but based on recent visa bulletin and slow movement prediction going forward I would not be surprised if they send another EVL RFE, especially if your PD is more recent. This is because if and when your PD is approaching to be current, that could take 2, 3 4 or even 5 years. They may ask for EVL again to verify you still have a job offer after 5 years.
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thomachan72
07-08 10:26 AM
Somebody should open a separate thread with names of attorneys who are not easy / safe to deal with. People can post the names of the attorneys and a brief description (without specifics) about the problem they encountered. This could become an excellent review post for immigration lawyers. we could also maybe put 3 or 4 criteria to score them from 1 to 4. for eg:-
availability to answer questions
timely filing
acurate filing (with all documents)
current with legal provisions and latest changes
overall easiness to work with
cost
etc etc
availability to answer questions
timely filing
acurate filing (with all documents)
current with legal provisions and latest changes
overall easiness to work with
cost
etc etc
more...
abqguy
08-19 01:39 PM
Our travel doc is expiring in October 2010. My wife would like to travel in Sep and return in Nov/Dec timeframe and now we are waiting since mid July on the renewal. Airfares are already high this year for some reason and we can't make travel plans or book tickets until the last minute. Very frustrating. I remember last year my renewal got approved in less than a month, not sure whats the delay this year...How do we even go about contacting them to expedite?
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tosca_travels
09-27 03:51 PM
I am fine with abandoning the current H1-B extension process. My question is if there will be any problems leaving the country on an expired I-94 even though I am still technically in status.
My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.
My concern is that I will have problems if I apply for a tourist visa or H1-B visa in the future.
more...
bobyal
03-04 01:41 PM
In recent times we are not able to see cases in online system and only way to get that into online system is by doing an address change. Unless the case comes into online system we can NOT add that to our protfolio for tracking.
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lotsofspace
01-09 04:29 PM
bump
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pscdk
08-05 08:15 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
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macho
09-05 07:46 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
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
more...
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mukeshmjoshi
09-16 10:48 AM
Keep faith in yourself and the Lord, some day it will happen for sure.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
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vhd999
10-07 05:31 PM
I agree. I guess you are saying that filing another petition under EB2 adds some risk to the existing 485 application.
Thanks for the reply.
Are you an immigration attorney? If yes, can you tell me the best way to reach you?
Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.
Thanks for the reply.
Are you an immigration attorney? If yes, can you tell me the best way to reach you?
Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.
more...
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rhyle
01-05 09:57 PM
yeah mike ,
you should use Swift 3D for the initial 3D rendering and animation . its also good to import that animation and any other animations to Flash itself. oh yeah and also you can customize how many times you wish for the animation to loop.
hope this cleared some of the confusion.
peace ,
justen everage
http://www.justenspage.cjb.net
you should use Swift 3D for the initial 3D rendering and animation . its also good to import that animation and any other animations to Flash itself. oh yeah and also you can customize how many times you wish for the animation to loop.
hope this cleared some of the confusion.
peace ,
justen everage
http://www.justenspage.cjb.net
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BNB326
08-20 03:06 PM
Hello, Thanks for your reply
Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.
And are there any other options if i did not get a job to transfer my H1B?
Thanks
Currently, i am in H1b and my Spouce is in H4. She is attending school in H4 visa (She got stampted and has valid i-94 till June 2011). My employer said my job will be termineted after 1 month. Can my spouce change H4 to F1 and start to attend the school or she has to wait until she get F1 COS approved? In the mean time, can i change my H1 to her f2(dependent) once she file F1 but not approved.
And are there any other options if i did not get a job to transfer my H1B?
Thanks
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satishbsk
07-20 12:31 AM
Congresswoman Lofgren Started, IV core tcontinued guiding IV members with Flower campaign / SJ rally.
IV core gave all updates.
AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D
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Contributed $280 so far
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IV core gave all updates.
AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D
_______________
Contributed $280 so far
$20 recurring
freddyCR
January 31st, 2005, 02:43 PM
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Blog Feeds
07-15 03:01 PM
A frequent question that arises is whether a foreign national living in the United States for a certain number of years can obtain permanent residency based on the years of living in the United States. There is no law or regulation currently in place allowing foreign nationals to automatically obtain permanent residency based on the number of years residing in the United States. There are however, many ways foreign nationals can immigrate and obtain permanent resident status. Two ways to obtain permanent resident status are based on employment and family sponsorship.
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
One of the ways foreign nationals can obtain permanent residency is based on employment. The U.S. employer will sponsor the employee to qualify under a certain visa category. Specifically, the foreign national may qualify under one or more of the employment-based “EB” visa preference categories that are divided into four separate categories.
The four EB visa preference categories are:
EB-1: Extraordinary Ability, Professors, Researches, or Executives, filed on form I-140
EB-2: Exceptional Ability in the Sciences, Arts or Business, filed on form I-140
EB-3: Skilled Worker, Professional, Or Unskilled Worker, filed on form I-140
EB-4: Immigrant Religious Worker, filed on form I-360
Another process to obtain lawful permanent residence in the U.S. is through family sponsorship. That is, either a U.S. citizen or permanent resident family member or as a fiancé to a U.S. citizen and subsequent marriage. The process begins by either the U.S. citizen or lawful permanent resident relative filing form I-130 Petition for Alien Relative or form I-129F Petition for Alien Fiance with U.S. Citizenship and Immigration Service (USCIS). Just as in employment-based sponsorship, there are visa preference categories in family-based sponsorship. Family-based “FB” preference categories are divided into four categories.
FB-1: Unmarried sons and daughters of U.S. Citizens
FB-2A: Spouses and children of lawful permanent residents of the U.S.
FB-2B: unmarried sons and daughters of permanent residents of the U.S.
FB-3: Married sons and daughters of U.S. Citizens.
FB-4: Brothers and sisters of U.S. Citizens who are at least 21 years old.
The above preference categories are subject to a numerical limitation. More information on these visa categories is available at the U.S. Department of State’s visa bulletin at: www.travel.state.gov (http://www.travel.state.gov)
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/PKEE1gLIodw/)
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