indiancitizen77
09-27 09:00 PM
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks
Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks
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CantLeaveAmerica
12-08 05:37 PM
not a redundant mail..just their process.
I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)
I got the CPO email on Oct 22, a welcome notice in my email on oct 24, actual welcome notices in my snail mail on oct 27 and the actual cards on Oct 30...so it took me 8 to 9 days to get the physical cards.
I'd say wait till you get the cards in your hand before you travel if you can..it's a different feeling :)
jcrajput
06-18 05:02 PM
Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
Thanks.
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
Thanks.
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DarkChild
03-08 02:21 AM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
thx man :thumb:
but it doesn't matter that much, dave's is better, i can handle that ;)
thx man :thumb:
but it doesn't matter that much, dave's is better, i can handle that ;)
more...
gcformeornot
12-31 10:02 PM
Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.
Some say it is not an issue, some say it can be an issue
but you never know with USCIS... anyways its more than 5 months...... that got me worried....
But I am little better now... see my signature.....
Some say it is not an issue, some say it can be an issue
but you never know with USCIS... anyways its more than 5 months...... that got me worried....
But I am little better now... see my signature.....
phigi
11-19 11:13 AM
you should ask the SSA office to accept the application and send it to DC for verification (manual process). They have that option available.
i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.
i think you should do that, since there would be no point in waiting if you have to do this after Dec 31 due to some technical error.
Also, the person can work without an SSN. it's not mandatory to have SSN to get paid.
more...
morchu
06-01 04:44 PM
If you "extension of status" is denied, you can "re-enter" only with a new visa stamping on your passport. Same applies for family.
USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.
At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.
Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.
Thank you for your immediate reply. I have 2 more questions as below :
My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.
1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?
3. My families also need to re-enter to USA at the same time ?
Hopefully, I am able to explain my occurred situation correctly.
I need your valuable suggestion pls.
USCIS most probably will issue RFEs if the exact dates of out of status is not clear. And eventually if it become obvious of 4 months of out of status, I think mostly your extension of status will be denied. Only exceptional situations / explanations can get an extension of status / change of status approved even with 4 months of out of status.
At this point, I suggest you plan for the return to home country (even if it is temporary), and if you can secure an offer, file for H1 and wait for its approval in your home country. I know it is painful, but please do plan for it, to make it less painful.
Staying out of status too long will even affect your next entry. And I think 4 months is long. But it is your choice.
Thank you for your immediate reply. I have 2 more questions as below :
My H1B is valid till 2011. I came through �A� company and this is my second employer (�B�). After I joined �B� company, I never went out of USA. �B� Company�s name is not reflected in my H1B visa (in passport). Only I have the copy of I129 with �B� company�s name. Now, I am no more with �B� company.
1. What is the process of re-enter to USA ? I mean, what type of documents I need to show to Immigration Dept ?
3. My families also need to re-enter to USA at the same time ?
Hopefully, I am able to explain my occurred situation correctly.
I need your valuable suggestion pls.
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cat555
07-09 12:20 PM
I was in a consulting field with employer taking 30% and me getting 70%.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Am I going to get any tax benefit now?
Why not he deducted single penny in last 2 months before I left?
I didn't sign any paper to pay him back over a period neither did he come up with any plan.
All this proves that he agreed to waive off while I was working for him.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Am I going to get any tax benefit now?
Why not he deducted single penny in last 2 months before I left?
I didn't sign any paper to pay him back over a period neither did he come up with any plan.
All this proves that he agreed to waive off while I was working for him.
more...
satishku_2000
08-02 02:54 PM
^^^^^
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karanp25
07-30 05:48 PM
FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.
Primary applicant's first.. dependents later.
Any one got approval for their dependents yet?
more...
jagan13
02-24 12:24 PM
Got response from the embassy stating that the passport has been processed but, not clear if they already dispatched it. Looks like they are still keeping up with the 40 day turnaround time.
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softcrowd
04-23 09:12 AM
From Labor approval there is no direct way finding it out if its an Eb2/Eb3 (Other than going through the job requirements & inferring it). But if you have the I-140 reciept, its very easy...
Go to the "Notice Type" section on the I-140 receipt, in that there is a "section:" of that says "Sec.203 (b) (2)" --> its an EB2. If thats "Sec.203 (b) (3)" --> its an EB3.
Go to the "Notice Type" section on the I-140 receipt, in that there is a "section:" of that says "Sec.203 (b) (2)" --> its an EB2. If thats "Sec.203 (b) (3)" --> its an EB3.
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traveldoc
09-10 02:24 PM
Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?
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arnet
06-14 05:13 PM
In general, it is based on your priority date i.e. labor filing date. but in some cases, i know few people having 2003 priority date approved but we know that there are many people in 2001 or 2002 are still waiting for approval. so it depends on the USCIS immigration officers who review the application but they approve only when your priority dates are current. name check delay or any RFE may delay the approval including applicant who are from oversubscribed countries has to wait longer.
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
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WeShallOvercome
07-23 04:11 PM
No responses :(
Can someone tell exactly how an FP notice looks?
Can someone tell exactly how an FP notice looks?
more...
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Anders �stberg
May 2nd, 2005, 07:54 AM
Thanks Kevin! Trial and horror it is then . :-)
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paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
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srkamath
10-15 02:58 PM
If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.
krishmunn
05-21 07:29 AM
AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
sands_14
04-08 04:06 PM
Does it make sense for anyone to file for GC anymore from India,China.Looks it will take a person 10year on an average and paying for ED/AP will cost around 7000usd for 10 years:)
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