omved
08-14 08:38 PM
Thanks Krsk,
My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..
What do you think..??
Om
My current AP expires on October 15th. So if I apply for AP renewal now, and the go out for H1B stamping in September. Lets say if for some reason my H1B doesn't get stamped/denied, and meanwhile I try to come back in USA on my current AP - Would this be a problem at POA..IO may cause problem that I don't have valid H1B and AP renewal is pending, and on the top - my current AP expires within next few weeks..
What do you think..??
Om
wallpaper Man Made - Boat Wallpaper
indianabacklog
07-27 09:40 AM
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.
I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.
moonrah
10-23 02:46 PM
Be proactive and do it ASAP.
2011 Vehicles - Boat Wallpaper
Alabaman
06-22 03:05 PM
IV core team itself is not active these day.
Some people started a group, created a web site, featured on several news shows and have been flying miles to meet with powers that be. Some other people just joined the group by logging in from their website and all they can do is say that the first group as been inactive. Thats funny.
Some people started a group, created a web site, featured on several news shows and have been flying miles to meet with powers that be. Some other people just joined the group by logging in from their website and all they can do is say that the first group as been inactive. Thats funny.
more...
meridiani.planum
07-10 09:23 PM
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bc6755fe4a37a110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
since he can get H1 extension based on PD >356 days I dont think he is eligible (per that doc PP is only being opened up for people whose PD <365 days and approved-I-140 is the only way to get an extension)
burnt
05-28 02:13 PM
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
more...
nozerd
01-20 11:51 AM
Core team,
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?
No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.
2010 Abandoned Boat, Hood Canal,
smartboy75
07-17 06:29 PM
Get back to work....next you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..
more...
willwin
03-16 02:06 PM
Bump... please, if anyone got PW for greencard labor through the new process... how long it took??
Anyone?
Mine was filed 1st week of Jan and still waiting .....
Anyone?
Mine was filed 1st week of Jan and still waiting .....
hair Boat Wallpaper under the rain
ak_manu
04-02 11:51 AM
I got exact query.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.
Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.
more...
danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
hot Boats 2009 Wallpapers
cox
January 31st, 2005, 12:03 AM
I liked the father & son pic too. Some crop will help to emphasize the icy feel too. It's got a happier feel than the others IMHO... We're all our worst critics, so keep your camera and keep shooting ;)
more...
house Boat Sunset Live Wallpaper for
eilsoe
10-17 08:21 AM
I think Cloud and Tidus look kinda similar... except for the size of course :P
tattoo the oat wallpaper psp
cbpds
04-01 03:22 PM
hi,
It happened to me when my wife' s and my expiry dates were different.
Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.
Thanks
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
It happened to me when my wife' s and my expiry dates were different.
Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.
Thanks
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
more...
pictures Boat Harbor Wallpaper for
vik123
01-18 08:57 PM
Eb2
dresses Vintage Boat Wallpaper:
gokhale35
03-01 11:22 AM
[QUOTE=Can2004;227413]Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.
Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.
Any suggestions on how to respond to this RFE.
I would suggest to take a letter from your employer saying that you reported to work the following day. Also show any purchases you made after coming back here like credit card bills. Any lease paperwork and checks that you were paying rent or mortgage. These are just few ideas . But do check with your attorney as they are in better position to respond.
I also did my PR landing in canada and when returning back next day I was not given any new I-94 nor the I-94 was stamped because I was returning within 30 days. But I have not gone back to canada after that and have given up the canada PR because I wanted to pursue the US PR here.
more...
makeup on The Boat wallpaper
Prashanthi
10-20 06:01 PM
[QUOTE=Openarms;1113771]Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.[/QUOTE
As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process.
As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process.
girlfriend Ship-oat-wallpapers
neeidd
11-09 06:06 PM
Hi ,
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
hairstyles Photography - Boat Wallpaper
pappu
12-22 08:48 AM
Bumping it up again:
Pls. try to come for this meet and you will know more about our current I485 push and our upcoming plans. We urge all NY, NJ and CT members to try to make it to this meet. PM Anurakt in advance so that you can confirm your attendence and get his contact.
Pls. try to come for this meet and you will know more about our current I485 push and our upcoming plans. We urge all NY, NJ and CT members to try to make it to this meet. PM Anurakt in advance so that you can confirm your attendence and get his contact.
never_giveup
11-05 03:13 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
katrina
07-21 04:58 AM
As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485
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TumugonBurahin