samrat_bhargava_vihari
06-19 09:06 AM
How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?
AP valid :1 year from the issuance.
Not sure , we filed on June 1st I will let you know once I get AP.
AP valid :1 year from the issuance.
Not sure , we filed on June 1st I will let you know once I get AP.
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eb3_nepa
02-25 09:29 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.
Is it possible for someone to post a link to the same. I have tried looking and found nothing.
Thanks
Is it possible for someone to post a link to the same. I have tried looking and found nothing.
Thanks
pappu
01-04 11:09 PM
article is here
http://www1.immigrationvoice.org/media/indiapost.pdf
http://www1.immigrationvoice.org/media/indiapost.pdf
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wata
06-22 02:23 PM
For me EB3 PD date doesn't mean anything because EB2 PD is current. I believed you may retain your PD if you got your I-140 approved.
do you know if you can retain your PD from your eb3 application for your new application..
do you know if you can retain your PD from your eb3 application for your new application..
more...
gjoe
12-28 07:02 AM
My efiled EAD went to TSC. I sent my copy of my approved I140 and I485 as supporting documents. I got my biometric notice in a weeks time and in a month I got my EAD card. But I guess you need not send any supporting docs because you can give your I485 and I140 number in the online application itself.
rajuseattle
02-28 11:12 PM
gckidhamal,
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
more...
nmdial
08-21 01:57 PM
Prashanthi,
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
Thanks a lot for your prompt reply. I guess, there isn't really a sure way of ensuring J1 visa stamping given my situation.
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a_yaja
08-17 05:06 PM
Thanks for your reply. What does DMV care about to decide till when the license will be valid?
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
You said that you live in IL. As far as I know, in IL, they do not care about Immigration Status - unless it is something very recent. My brother lived in IL till March 2009 - and his DL was issued for 4 years. I am sure that this is the case for Motorcycle license too.
more...
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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martinvisalaw
10-15 03:56 PM
The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
more...
reddy_h
09-04 03:18 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
Thats not exactly true in the context of this thread. You have to work for your GC sponsorer for some period of time before changing employer. Pooch was mentioning his/her GC sponsorer is future employer. So after the GC is approved, he/she has to work for that GC sponsorer not the current employer.
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lostinthejungle
11-02 05:21 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
2. What happens if I dont join Company B ever?
Appreciate your responses!!
Cheers!
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
2. What happens if I dont join Company B ever?
Appreciate your responses!!
Cheers!
more...
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mudigondag
01-25 12:32 PM
Thanks. I see the same from murthy.com
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)
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crystal
07-12 11:56 PM
Don not open multiple threads for the same post.Please
more...
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bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
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loudobbs
08-28 12:56 PM
sure...attend the Immigration Rally!!
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dassumi
03-02 04:07 PM
If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?
Anyone?
Anyone?
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Dhundhun
07-21 09:32 PM
A quick question for all you experts out there
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Use of EAD to get SSN is OK. Don't use EAD for work.
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desigirl
11-05 11:09 AM
1. DREAM Act
2. AgJobs
3. Make the EB-1 category more reasonable.
4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support.
5. Eliminate the one year bar on asylum claims.
How about clearing the backlogs in the employment based system? We are contributing to the wealth of the company and the economy but our futures are in limbo and the best years of our careers are wasted worrying about a green card!
Not surprisingly, according to the most recent State Department Visa bulletin, the EB-1 category is one of the only employment-based category without a waiting list.
Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?
Philip Wolgin: Five Ways to Move Forward on Immigration (http://www.huffingtonpost.com/philip-wolgin/after-the-election-five-w_b_778673.html)
2. AgJobs
3. Make the EB-1 category more reasonable.
4. Create a more reasonable bar on those accused of providing material support to terrorists to cover those essentially involuntarily providing the support.
5. Eliminate the one year bar on asylum claims.
How about clearing the backlogs in the employment based system? We are contributing to the wealth of the company and the economy but our futures are in limbo and the best years of our careers are wasted worrying about a green card!
Not surprisingly, according to the most recent State Department Visa bulletin, the EB-1 category is one of the only employment-based category without a waiting list.
Does that not indicate a problem that needs to be fixed instead of ignored as you have done Philip Wolgin?
Philip Wolgin: Five Ways to Move Forward on Immigration (http://www.huffingtonpost.com/philip-wolgin/after-the-election-five-w_b_778673.html)
bandhu
02-03 01:53 PM
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
GCwaitforever
06-09 05:28 PM
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
It should be before the immigrant petition is filed. So before I-140 is applied.
But now is not the time to be dreaming and counting unhatched chickens IMO.
It should be before the immigrant petition is filed. So before I-140 is applied.
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