gg_ny
07-31 04:24 PM
H status is lost if one uses any of the 2 benefits under immigration process - AP and EAD. It is not possible to work on EAD and still be H4 or H1. but if you have H4 valid papers(approval), then you can live here as H4 but when you travel you have a choice between stamping or AP. Once you start using your EAD, you lose your H1/ H4 status immediately (have to file new I9 and specify how you could work) even if you have years left on that visa. I have been so advised by our lawyer and my wife has not even made an appointment in India later this year (she wants to use EAD at somepoint and travel with AP thus gaining parolee / pending AOS tag ) while I am gonna do it (try maintain my H1 if let to do so by the consular).
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ilikekilo
04-13 10:10 AM
For me I never got a any communication directly from USCIS for the RFE.
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
grupak
08-15 07:40 PM
Thank you all for the good wishes!
Good to see you Jazz.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.
But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.
Good to see you Jazz.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.
But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.
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roseball
08-03 07:49 PM
If your H1 already expired, you are out of status from the date your H1 ext was denied.....Open a Motion to Reconsider immediately.......
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
Other option is to find another employer who is willing to file your H1 ASAP. Since the reason for H1 denial was not based on your profile but due to the petitioner, you should get your H1 transfer approved without any issues.....However, its solely upto USCIS whether to transfer your H1 as an extension of stay (I-94 attached) or without an extension (no I-94), in which case you will have to go out of the country, attend the visa interview and re-enter on the new company's H1....If the gap between the H1 denial and new H1 application is small, USCIS generally extends status without any issues.....As currently there is a gap in your H1 status, I dont think you can start working like others do based on the H1 transfer receipt notice......You should immediately consult an attorney and let him handle your case....The key for you is to act fast without any delay. Else, it will jeopardise your 485 application....
Regarding 485, if your current employer is co-operative, then there will be no issues at all....You can just go back to work for him once you get the EAD......File Motion to Re-Open or H1 transfer ASAP....Good luck
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greencardfever
12-11 08:33 AM
How many days prior to the EAD and AP expiry date can we apply for EAD and AP renewal?
Thanks.
greencardfever
Thanks.
greencardfever
joshraj
10-11 03:28 PM
Thanks Shirish :)
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BPforGC
05-12 04:29 PM
Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.
God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.
Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.
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jojet
10-26 01:02 AM
guys can someone please let me know what is meant by lud.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
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usdreams
05-28 11:05 PM
Hi kzinzuwadia,
My infopass went well, in fact, it was good that I took it, the IO told me that due to some error on their part, my file is no longer with them, it was sent back to the main office, she requested my file back from the other office & they will process once it comes back, which takes approx. 2-3 weeks.
Due to that we didn't get my Wife's GC in the court, the IJ told us that since the primary don't have GC, she can't get it. Now we will have to wait another 5 months for her GC.
Does anyone know if the court date can be moved forward if I get my GC ?
Thank you kzinzuwadia.
My infopass went well, in fact, it was good that I took it, the IO told me that due to some error on their part, my file is no longer with them, it was sent back to the main office, she requested my file back from the other office & they will process once it comes back, which takes approx. 2-3 weeks.
Due to that we didn't get my Wife's GC in the court, the IJ told us that since the primary don't have GC, she can't get it. Now we will have to wait another 5 months for her GC.
Does anyone know if the court date can be moved forward if I get my GC ?
Thank you kzinzuwadia.
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sreedhar
08-22 01:35 PM
Hello Guys...,
I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.
-Sree
I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.
-Sree
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anandrajesh
09-21 04:52 PM
Point 2 in ur post is in the agenda. Ability to File 140/485 even if the dates are not current. Looks like this will be the least controversial of all things we can ask for, but will solve majority of our issues. This one thing doesnt ask for any EB numbers increase, doesnt look for H1 B increase and doesnt ask for anything that will have our opposition groups jumping up and down
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dealsnet
08-04 02:04 PM
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
Please refer to this detailed experience on SS update after GC:
http://immigrationvoice.org/forum/showthread.php?t=20610
Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)
more...
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chanduv23
07-05 12:43 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
Maybe politicians involved - only when powerful politicians are involved such things happen - USCIS/DOS does not do such things on its own.
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glus
07-18 07:30 PM
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.
See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
My attorney was very thorough and prepared the initial evidence well.
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
OK, not to scare anyone, but per recent uscis update, all applications must be submitted with initial evidence in it. This announcement was effective starting on Jun18t. In I485, the employment letter is part of initial evidence. As per new rules, an IO can deny any application without RFE if the initial evidence is missing.
See this document, and read part "initial evidence requirements" paragraph 2 which sates an application can be denied withou RFE if initial evidence is missing.
File direct from the USCIS site
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
My attorney was very thorough and prepared the initial evidence well.
more...
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desi3933
04-02 01:02 PM
.....
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....
Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.
Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.
You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.
________________
Not a legal advice.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....
Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.
Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.
You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.
________________
Not a legal advice.
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prolegalimmi
03-01 01:51 PM
All you have to do is scroll down the home page.
Let me know if you still have difficulties.
Another improvement if I may:
Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.
Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.
Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.
It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.
Let me know if you still have difficulties.
Another improvement if I may:
Wondering if the website administrator has the ability to send a mass email to all its members. This is to inform and urge all its members to send web faxes and be more involved in planned activities.
Also, I sent a webfax to all three required personnel, but was hesitant to act since I was under the impression that I have to type the matter, choose the letter format, find the fax number for the official, etc. But later found our thats its as easy as clicking your mouse thrice.
We could have a section that tells people and members just how easy it is to send a web fax, and not having to search for the officials' fax numbers and not having to compose the letter, and such.
Lastly, launching a concerted and a planned membership drive and to reach all immigrant communites. For the fund raisers, and for memberships, we are still relying on a word of mouth which is not as efficient. IV could post some ads in those media that are immigrant friendly and has good reach.
It could also start assessing a fee for membership, and also try to reach corporate sponsors like those businesses that are immigrant owned and run. When these businesses contribute, IV can advertise them on its website as contributors, so they (the sponsors) get the business of immigrant friendly customers.
more...
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telekinesis
10-20 07:52 AM
Get the educational version! Much cheaper and is fully functional!
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champu
03-12 09:46 PM
Thank you all. I hope this year all of you would also sail through this tough journey.
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The7zen
09-29 01:44 PM
Central Board of Excise and Customs (http://www.cbec.gov.in/)
Personally we never had problem carrying personal Jewelery.
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GCWarrior
04-16 02:57 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
Thanks
gc_kaavaali
11-14 04:36 PM
^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^
who gave me red mark?
somebody gave red mark...what happened???
who gave me red mark?
somebody gave red mark...what happened???
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