Dhundhun
06-26 04:13 AM
...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
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addsf345
11-21 02:45 PM
It is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software
However my new job is 15-1053.00, and not 15-1032
Can this jeopardise my pending AC-21? :confused:
However my new job is 15-1053.00, and not 15-1032
Can this jeopardise my pending AC-21? :confused:
mpsamant
07-24 06:32 PM
Dear IV:
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
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thakurrajiv
01-22 02:10 PM
Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.
So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.
Its same for every bank in India.
This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.
So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.
Its same for every bank in India.
This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.
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msr999
08-14 07:46 PM
Thanks ConchShell.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
sdeshpan
08-05 07:27 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?
Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!
Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?
Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!
more...
PD_Dec2002
07-05 04:53 PM
jonty_11, sundevil:
Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?
What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?
You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!
Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.
Isn't it possible that "sts_seeker" did not buy a subst LC or secure it illegally? Are you going to assume he's guilty unless proven innocent?
What if he's working for a decent company, and the company had a LC available because one of their employees left? What would they do with the LC other than offer it to another deserving employee? And why shouldn't "sts_seeker" take it if it was offered through perfectly legal channels?
You guys have a problem when DOS/USCIS does something illegal. But you have a problem even when "sts_seeker" and his/her company did something perfectly legal!
Your fellow senior members "nixstor", "tikka", "ramus", etc are working hard to get people to contribute to IV. And here, you are driving new members (and potential contributors) away?
Before replying to this, please read my disclaimer below. I have to add it given the fact how hot-headed/short-tempered members have been in the last few days where they will flame someone just because their opinions differ.
Thanks,
Jayant
P.S.: And for the record, I have not applied for GC using a subst LC. I know you must be itching to ask me this since I am offering a different opinion.
Disclaimer: These are my opinions. You don't have to agree with them. If you disagree, just ignore them. I am not interested in justifying anything that you might have to say. I would, however, reply to a civil and a healthy discussion.
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lazycis
04-16 10:00 AM
When you are talking about H1 extension, you should keep in mind that there is an additional cost to get an actual visa (if you travel). Ask employer to extend H1, but be smart and apply for EAD. You never know what may happen. Employer or your job can vanish very quickly. You may not have time to wait for a new EAD. No need to jeopardize your GC by saving on EAD extension. As for AP, I do not really see a need for it if you have H1 (although you may experience difficulties with getting H1b stamp, so it may be wise to get AP just in case) or if you are not going to travel.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
Gaps in EAD/AP is not a problem from GC perspective, but having a valid EAD all the time is very prudent.
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styrum
01-12 04:34 PM
http://en.wikipedia.org/wiki/Writ_of_Mandamus
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prem_goel
07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
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a_yaja
10-12 08:44 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
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sandy_anand
10-04 11:45 AM
Is there an equivalent for EB2 in the same website pls ?
Regards
Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.
Regards
Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.
more...
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lazycis
07-02 08:24 AM
Hi,
How did your WOM go? I will be filing mine soon. Any info. that i should know? My I-485 has been pending for 3 years after my refiling. Neither my EAD nor my Driver's license can be renewed at this moment. Please help.
Join the club
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
http://boards.immigrationportal.com/showthread.php?t=194681&page=600
How did your WOM go? I will be filing mine soon. Any info. that i should know? My I-485 has been pending for 3 years after my refiling. Neither my EAD nor my Driver's license can be renewed at this moment. Please help.
Join the club
http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps
http://boards.immigrationportal.com/showthread.php?t=194681&page=600
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styrum
01-12 04:34 PM
http://en.wikipedia.org/wiki/Writ_of_Mandamus
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GCard_Dream
07-28 04:43 PM
Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
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mhtanim
08-08 05:39 PM
This is odd! California Service Center has stopped processing EB I-485s long time ago.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
more...
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gc_check
11-26 05:31 PM
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.
Please verify this with an attorney.
I'm not an expert on this, Remember reading in the forum, you can go to local USCIS office with the approval letter if you have one already and get stamped in passport.
On other thread, also read you can reenter using AP and the IO in the POE will tell you that your Petition has been already approved and will let you in.
Please verify this with an attorney.
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hur11
01-22 10:08 PM
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
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krajani2007
02-11 11:01 AM
That's not true.. you H1b may also get approved. But I think that should not be a problem.
I have a friend with the same situation, he got GC and his H1b got approved after 3 months
I have a friend with the same situation, he got GC and his H1b got approved after 3 months
hopelessGC
11-10 01:26 PM
I'd like to know the answer to this one as well. There are people who have invoked AC-21 and would like to know how they went abou this.
gauravsh
05-04 06:27 PM
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
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