kiran_k02
01-12 12:58 AM
If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.
Masterji, I will not be able to come on AP as my Passport is in Application Package.
Masterji, I will not be able to come on AP as my Passport is in Application Package.
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skalra
12-06 11:11 PM
- Based on personal experience and not a professional advice
- I am assuming your PD is not current yet
I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.
If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)
- I am assuming your PD is not current yet
I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.
If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)
i4u
04-26 10:45 AM
RFE can be issued to any person of any age. Until you know what the RFE was for, it is unlikely that anyone can help.
But as you said, your entire family got it so the rfe must be something minor.
But as you said, your entire family got it so the rfe must be something minor.
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abracadabra
05-30 02:22 PM
The window closed automatically, no luck
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GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
brij523
02-18 11:42 AM
Anyone else!! Lets join to help ourself.
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tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
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OLDMONK
07-06 11:47 AM
Another 10-20 Questions like these would definitely get the ball rolling @ washington post hopefully.
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map_boiler
04-28 11:22 AM
...that the new job is similar or related to the pending I-485 application.
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
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texanguy
08-12 02:30 PM
bump
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northstar1
07-26 03:08 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Do you know if your successor in interest i-140 has been approved
Thanks
Do you know if your successor in interest i-140 has been approved
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Laasya05
01-22 06:35 PM
Thaks IV core group For your efforts, time and energy you spend to fight for our cause.
Laasya05
Laasya05
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ksg09
11-11 12:11 PM
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
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mita
09-30 06:13 PM
FIFO must be based on PD and not on I-485 application receive date, I hope you meant the same.
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
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mita
08-22 08:16 PM
Enjoy your green!!!
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
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wandmaker
02-17 11:43 PM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
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conchshell
07-28 10:55 AM
For every IV member that gets their GC, would it be too much to ask them to contribute say at least $100/- ? May be this can become a norm and the starting point for an "IV Alumni" :)
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
Old wine in a new bottle ---- this idea was actively discussed couple of months back. Many people committed to this type of contribution.
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mdforgc
04-28 01:33 PM
I have made my second contribution for 150K by May 1st, comeone guys, we can do it, open your check books. We need to help out our core team with their travel, stay and other expenses for this great effort.
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GCard_Dream
07-28 03:59 PM
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
WeShallOvercome
11-13 04:55 PM
USCIS has accepted my application and we received the receipts today. Thanks to USCIS. They are being lenient.
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
That is GREAT!
I can understand what you have gone through and it must be a big relief for you !
Can you tell us when did you resubmit your application and what fee did they accept..old or new. A friend of mine resubmitted his application a few days ago with new fee... his original app was rejected earlier because his attorney sent thre wrong fee amount...(neither new nor old..)
Good luck and enjoy the feleing now
augustus
05-05 10:52 AM
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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