martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
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trueguy
09-15 03:09 PM
Delhi Embassy has not updated the Cutoff Date for Oct'2009 yet. We have to wait until Delhi updates their website.
Looks like Mumbai Embassy has made a error while punching in numbers.
Looks like Mumbai Embassy has made a error while punching in numbers.
neeidd
07-19 12:41 AM
Hi Friends,
I just want to say, I just contributed $100 (Confirmation Number: 2XJ23352J19006734) and this is my first contribution ever and have done it just for IV. And am very proud about this.
I came to know about IV, 2 weeks ago when I heard of the flower campaign from my friend . We are very fortunate to have IV with us and thousands of users in IV helping each other.
I am sure with out IV initiative , it would have been very hard to achieve what we got now. Thousands of people benefited as per yesterdays USCIS bulletin and thousands of people visiting IV every day for help. So please, lets show our gratitude to IV by contributing either one time payment or recurring. If atleast who ever benefited by July 17th bulletin contributes to IV, we can easily make $100k in July.
Lets celebrate our success by contrubuting to IV and making July2007 as the highest contributed month in IV history.
If I can do it, you can do it .
Thanks
I just want to say, I just contributed $100 (Confirmation Number: 2XJ23352J19006734) and this is my first contribution ever and have done it just for IV. And am very proud about this.
I came to know about IV, 2 weeks ago when I heard of the flower campaign from my friend . We are very fortunate to have IV with us and thousands of users in IV helping each other.
I am sure with out IV initiative , it would have been very hard to achieve what we got now. Thousands of people benefited as per yesterdays USCIS bulletin and thousands of people visiting IV every day for help. So please, lets show our gratitude to IV by contributing either one time payment or recurring. If atleast who ever benefited by July 17th bulletin contributes to IV, we can easily make $100k in July.
Lets celebrate our success by contrubuting to IV and making July2007 as the highest contributed month in IV history.
If I can do it, you can do it .
Thanks
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pdakwala
05-27 02:11 PM
Hey Folks,
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
more...
Widget
09-21 04:04 PM
It should not. Go to the any INS office after you arrange for an appointment on line and ask tehm to replace your I-94 and to write the correct name.
Your case has been approved and tehre is nothing to do other than the above. My son been thru teh same process and when he applied for the visa abroad nobody asked him him at all about the error.
relax.
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
Your case has been approved and tehre is nothing to do other than the above. My son been thru teh same process and when he applied for the visa abroad nobody asked him him at all about the error.
relax.
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
baldev.thakur
06-24 02:31 PM
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
more...
tinamatthew
07-21 10:33 AM
In the 485 filings for me and my wife, my divorce certificate for my previous marriage was put in my files but it should have been with my wife's file per 485 intruction because she is the derivative applicant. If USCIS can't find it in my wife's file, will USCIS look for it in my file since we filed together?
If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Don't resubmit your wife's application, wait for a receipt
Your help is greatly appreciated.
Hope this helps
If this is not required as initial evidence then they will issue an RFE and then you can send the documents later.
To fix the problem, could we resubmit my wife's 485 now and withdraw the one just submitted even though we don't have the receipt for it yet? or should we wait until we get receipt for the one just submitted and then resubmit her 485 application when my PD become current again? or could we just submit the missing file after we get the receipt and my PD becomes current?
Don't resubmit your wife's application, wait for a receipt
Your help is greatly appreciated.
Hope this helps
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pd_recapturing
11-20 01:35 PM
I asked exactly the same question a few days ago and ppl replied that h1B is totally different case. H1B does not get affected irrespective of whethe it came thorugh due to 140 already approved or LC approved or a < 6 years limit.
more...
Prashanthi
07-22 05:50 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
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atumalla
11-06 12:46 PM
I got two luds on 140 485 131 765 after FP.
more...
scorpion00
04-29 10:18 PM
Your priority date is when your labor was filed.
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Jiruharudo
04-19 02:12 AM
..Since when does bacon have a gender?? o_o;;;
more...
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ss1026
06-23 01:57 AM
From the horse's mouth
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
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smisachu
08-22 04:09 PM
[URL="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1008366"]
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
Here is the link. Its 194 pages so lets read it and assimilate it. We might be able to use some key points.
more...
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chanduv23
07-08 08:08 AM
I signed up with a new Attorney for filing my 485. I sent my documents in the last week of July and until I sent my documents out, she was communicating well saying she will make sure everything is done in time ...... and assured me that her clients are her strength .....
She has not completed the paperwork till now and she closed down all communication channels with me.
On Friday the paralegal called me and told me papers are getting ready soon.
I am confused and don't know how to deal with this situation - I figure out that it is too late to trust any lawyer now.
Though there is no point in submitting on July 2nd anymore, I am just wondering what must be the next course of action?
I am sure they will drag this through end of next week because they seem to cater to corporate clients rather than personal clients and are very unresponsive.
In general - what are folks doing, especially those who did not file yet? Are all your packets with lawyer, ready to file and send?
Please advice
She has not completed the paperwork till now and she closed down all communication channels with me.
On Friday the paralegal called me and told me papers are getting ready soon.
I am confused and don't know how to deal with this situation - I figure out that it is too late to trust any lawyer now.
Though there is no point in submitting on July 2nd anymore, I am just wondering what must be the next course of action?
I am sure they will drag this through end of next week because they seem to cater to corporate clients rather than personal clients and are very unresponsive.
In general - what are folks doing, especially those who did not file yet? Are all your packets with lawyer, ready to file and send?
Please advice
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Blog Feeds
10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
more...
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GCKarma
07-08 12:32 PM
Gurus,
First of all sorry to open a new thread. My PD is March 06 EB2. My i-485 reached uscis on July 2.
Is it advisable to change jobs? I'm planning to join bearing point consulting comp where they would start GC only after one year. As you guys know consulting job is quite unsecured. Only advantage with the new company is career growth.
Or should I wait for the outcome of lawsuit
please advise
First of all sorry to open a new thread. My PD is March 06 EB2. My i-485 reached uscis on July 2.
Is it advisable to change jobs? I'm planning to join bearing point consulting comp where they would start GC only after one year. As you guys know consulting job is quite unsecured. Only advantage with the new company is career growth.
Or should I wait for the outcome of lawsuit
please advise
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nileshilpa
08-27 02:21 PM
MIne was updated 2 days later, be patient
Gurus,
I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.
What should I expect?
Gurus,
I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.
What should I expect?
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jbr
03-02 04:19 PM
I think it is very worthwhile sending a petition to all judiciary committee members. It is perfect time to do so.
morchu
05-27 12:44 PM
Wrong info.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
10dulkar
01-11 09:21 PM
why EB2 is "U"
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