BharatPremi
12-05 03:25 PM
http://www..com/discuss/485eb/63774255/
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trump_gc
07-05 03:21 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
psaxena
05-20 05:41 PM
well said I agree, I gonna go to tijuana and burn my passport and come back illiegally walking and starting working in some car wash .
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ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
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gotgc?
08-13 10:39 AM
Hi All,
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
I have a very starge situation. I have an approved I-140 based on PERM LC - EB3 -India with PD of Jan 2006.
Before July 07, my company substituted me for LC Sub with PD of Jan 2003 and did the I-485 filing based on this pending LC Sub.
(Guys...please dont jump on me for using LC SUB...I work for a one of the biggest tech companies with 60000 employees for 6 years and its their policy to do LC Sub for their employees..i didn't buy the LCs through consulting or some one...). I got EAD renewals, AP etc...Since my LC Sub I-140 is beyond its processing dates, my attorney filed a AILA request and got a reponse saying
"The AILA Liaison committee member working on your case reviewed the petition with an I-140 senior officer at USCIS. It appears that the employee that had the original labor certification application adjusted his status based on the labor certification. Unfortunately, this means that the labor cert and priority date cannot be used for your green card application."
But, they also mentioned that "Your AOS that is pending will continue to be active based on your own approved I-140. This was verified by CIS in their response to our inquiry"
Question 1: My attorney said its an unofficial USCIS/AILA determination. Howmuch to rely on this AILA/USCIS unofficial determination? Because, Still, USCIS case status shows my I-140 is pending. Should i wait until the decision comes on my case?
Question 2: My understanding is that, if the LC is already used, then my LC Sub I-140 will be denied... if the I-140 is denied then the I-485 will also be denied..is it correct?
Question 3: If my above understanding is correct, then how will my AOS will continue to be active based on my original I-140 if my AOS was files uding pending LC Sub-I140? Is it true or they lawyer is giving me a fake answer? I thought you can only change underlying I-140, only if the new I-140s dates are current..in my case Jan 2006 date is not current.....
Please give me your thoughts...I would really appreciate your help...
indianabacklog
01-03 02:38 PM
Folks,
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.
If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.
Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?
I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.
Thoughts?
If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.
If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.
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mnq1979
08-13 03:08 PM
Guys!!!!
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
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visshy
09-12 11:01 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?
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priti8888
08-01 07:59 PM
guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....
She has so much power, she should lobby for visa recapture
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rajuram
07-13 12:55 AM
GTS = go to sleep
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rajuram
02-17 01:17 AM
There are hardly any efforts now to do targetted email & phone campaigns now. This costs no money, and very little time.
I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
I had called up Senator John Coryn's office. They told me that currently immigration bills are going nowhere. The Senator still has plans to introduce SKILL bill, but exactly when that will happen is not certain.
BE HEARD - Thursday, January 18, 2007
http://hammondlawgroup.blogspot.com/
AILA has suggested two ways that everyone can let their voice be heard.
1. Flood congressional inboxes and phone lines: Take 30 seconds to send our pre-scripted CIR support letter to your senators and representatives, and then forward the link to all your pro-immigrant friends. Or pick up the phone and make a personal pitch in support of CIR to congressional staff. You will find the pre-scripted letter and phone numbers for congressional offices at our Congressional Action and Information Center at: http://capwiz.com/aila2
2) Talk to your elected officials: Attend a local town hall meeting and let your senators and representatives know you support humane and comprehensive reform. You will find a Town Hall Calendar at http://www.aila.org/content/default.aspx?docid=20340, and our Town Hall Tool Kit at http://www.aila.org/content/default.aspx?docid=20175
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kumar1
11-24 12:57 PM
IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
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InTheMoment
07-30 08:15 PM
sayantan76,
That is it no more processing now ..Congratulations !!!!
You are out of this game :D
That is it no more processing now ..Congratulations !!!!
You are out of this game :D
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willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
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singam
12-23 08:26 PM
Yes.
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RDB
12-21 11:03 AM
A1. Yes, they will interview you together.
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.
Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).
Hope this helps.
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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kviswanathan
08-20 10:57 PM
still waiting
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casinoroyale
08-22 12:01 PM
I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
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anandrajesh
12-13 12:32 PM
Hi,
I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.
Thanks in advance,
Sheshadri
YES. French & British Airport needs a Transit Visa if your Visa Stamping on your passport is expired. If you have a valid 797 approval German airports let you in without a transit visa.
I'm in the US working on L1 visa, though I have an expired visa, I have I94 valid until Jun 2008 which makes me legal to work here until Jun 2008. Now, I'm planning to travel to India, Do I need transit visa in France if I travel via france.
Thanks in advance,
Sheshadri
YES. French & British Airport needs a Transit Visa if your Visa Stamping on your passport is expired. If you have a valid 797 approval German airports let you in without a transit visa.
JunRN
07-17 01:46 AM
How can we sleep? OMG, the wait is exciting...it excites all my nerves...
smuggymba
06-02 08:09 AM
Liaison International
(Comprehensive Coverage Plan)
All insurance or in same boat.
consider filing a claims suit. The business model of insurance companies is to deny claim and if you persist, they might budge.
I also got liason for my mother but never used it. This time we used icicilombard and didn't use it also. But how can high fever be considered pre-existing condition.........file a lawsuit and let them prove that fever is pre-existing. Don't go down easily with such cheats.
Did you buy liason from or ? Try contacting their super mod Murali, let's see if can help.
(Comprehensive Coverage Plan)
All insurance or in same boat.
consider filing a claims suit. The business model of insurance companies is to deny claim and if you persist, they might budge.
I also got liason for my mother but never used it. This time we used icicilombard and didn't use it also. But how can high fever be considered pre-existing condition.........file a lawsuit and let them prove that fever is pre-existing. Don't go down easily with such cheats.
Did you buy liason from or ? Try contacting their super mod Murali, let's see if can help.