austingc
04-29 05:42 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
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bigboy007
10-11 05:01 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
Thiru
09-22 08:51 PM
My AP was approved on Sep2. Still awaiting the AP in mail.
Which Service Center TSC or NSC????
Which Service Center TSC or NSC????
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ash0210
11-21 10:29 AM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
more...
arun_psu
12-08 10:53 PM
I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?
thanks
arun
thanks
arun
vkrishn
07-28 10:00 PM
Checked the USCIS Website today and there is no Soft LUD on my 485. But i did notice that the "Request for Evidence" Message changed to "Request for Evidence Respone Review" . This is a new status message.
I got an RFE on Sep 3rd 2008 and Attorney's filed the response with in 3 days. I did not get any other update beyond that. I did open a SR on July 11th regarding status of the case.
Did anyone who had sent their response to RFE get their status changed like the above today?
Here is description of the "Request for Evidence Respone Review"..
"Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"..
I got an RFE on Sep 3rd 2008 and Attorney's filed the response with in 3 days. I did not get any other update beyond that. I did open a SR on July 11th regarding status of the case.
Did anyone who had sent their response to RFE get their status changed like the above today?
Here is description of the "Request for Evidence Respone Review"..
"Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"..
more...
Hermione
10-02 03:58 PM
I think if your company goofed on RFE, your best option is Motion to Reopen (it is used to submit new evidence, as opposed to ask for a different interpretation of existing evidence, which is an appeal). There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon).
Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.
Yes, the whole PERM/I-140/I-485 is for future employment. You do not have to work for the sponsoring employer until the date of your approval.
2010 The siblings of quot;Wizards of
gimme Green!!
07-31 02:06 PM
My understanding is once you use the EAD, your H4 & H1 status is no longer valid and you cannot have the H visas for backup. Hence the need to get AP, etc, rathgere than reenter on H visa. Check with an attorney.
I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?
I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?
more...
sargon
07-12 03:48 PM
May be you should not keep two spouses. Sounds kinda risky.
Just kidding. The title of the thread goaded me into making a wisecrack.
Just kidding. The title of the thread goaded me into making a wisecrack.
hair have two siblings and they
kumar07
09-16 05:08 AM
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
more...
GCapplicant
07-30 01:59 PM
U R really lucky
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mirage
05-29 04:01 PM
On a conference call somebody asked Rajiv Khanna about PD movement last month and his prediction etc etc. His comment was
'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'
'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'
more...
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seahawks
08-29 09:00 AM
you are not getting my point. im trying to see if this MBA will help with STEM/SKIL and get me a GC. that is all im interested in.
will it help me or not is the Q ..
I doubt it, first and foremost it needs to be accredited and any accredited university has a long list of requirements. However education helps in the long run for sure, but purely for GC I dont think so. I base my answer, because the bill neither passed nor has been voted on, the perfect requirements on being Skilled can be modified and so on. you be the judge
will it help me or not is the Q ..
I doubt it, first and foremost it needs to be accredited and any accredited university has a long list of requirements. However education helps in the long run for sure, but purely for GC I dont think so. I base my answer, because the bill neither passed nor has been voted on, the perfect requirements on being Skilled can be modified and so on. you be the judge
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satyasaich
05-01 09:54 PM
nviren
Any person who can understand the dynamics of US career will never question about tour india trip, as long as
1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
2.appropriate supporting documentation from the employer
Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation
Bkarnik,
I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.
ujjvalkoul, satyasaich,
About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?
Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?
Any person who can understand the dynamics of US career will never question about tour india trip, as long as
1. you have a valid job with clean record of say, most recent W2, recent pay stubs etc;
2.appropriate supporting documentation from the employer
Also, the usually we get around 3 weeks, sometimes up to 4 weeks of vacation(if lucky) time to go india.that it self speaks everything.
on a personal note, i should go to chennai based on my birthplace, which is AP, but instead i've opted New Delhi as my choice because i got the interview date that suites to my itenarary. no questions asked at the consulate, but remember you have to carry all the needed documentation
Bkarnik,
I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.
ujjvalkoul, satyasaich,
About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?
Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?
more...
pictures Taylor Swift And Selena Gomez
shirish
10-04 11:24 AM
Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - Not received
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
Hope every will get it soon.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - Not received
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
Hope every will get it soon.
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kalyan
06-11 11:49 AM
I definitely need PP for 140 since by the time my H1 is due for renewal (after completing 6 years), My 1-40 will be 15 months older.
I cannot ask my employer to do 1 year h1B renewals as the lawyer fee is also added to it.
IF PP can be done at that time, i am saved for 3 years with one visa stamping and my employer is also saved for 3 years.
I cannot ask my employer to do 1 year h1B renewals as the lawyer fee is also added to it.
IF PP can be done at that time, i am saved for 3 years with one visa stamping and my employer is also saved for 3 years.
more...
makeup Brother(s): everyone on this
calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
girlfriend by a rother or sister.
jayleno
06-19 09:32 AM
I applied for my 485/AP/EAD last year. Got my AP and EAD.
Last week I applied for renewal of my EAD and AP. They sent back both of my applications saying they need a 485 reciept notice. I have attached an explanation saying I did not get my 485 reciept notice and I gave the reciept number. Also attached last years approved EAD stub and EAD reciept notice with the EAD application. I have attached last years AP reciept notice with AP application as proof of my 485 application.
I dont know why they could not check with my A# or SSN. Sometimes they are moody or Some of them are crazy.
I think your attoney/employer put their address on the 485 app and they should have it. Lot of insecure consulting companies(you know what I mean) do that and make us believe that our 485 reciept notice was lost in the mail.
Last week I applied for renewal of my EAD and AP. They sent back both of my applications saying they need a 485 reciept notice. I have attached an explanation saying I did not get my 485 reciept notice and I gave the reciept number. Also attached last years approved EAD stub and EAD reciept notice with the EAD application. I have attached last years AP reciept notice with AP application as proof of my 485 application.
I dont know why they could not check with my A# or SSN. Sometimes they are moody or Some of them are crazy.
I think your attoney/employer put their address on the 485 app and they should have it. Lot of insecure consulting companies(you know what I mean) do that and make us believe that our 485 reciept notice was lost in the mail.
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logiclife
06-01 06:33 PM
No, you cannot file for I-485 unless your PD is current. This is as per the current law.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
Now, if comprehensive immigration bill passes and it has provision to allow filing of 485, then you can file 485 even if your PD is not current. It may take time for all that to materialize. You are looking at a minimum of 6 months for such a change to be actually in place where USCIS would allow you to file 485 and that is assuming that all goes well.
As to your priority date transfer, yes, with approved 140 and labor, if you go to another employer who starts your greencard from scratch, then you can use the priority date of your current GC process and "PORT IT" to your new GC process. You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
kumar1
07-11 12:02 PM
Well, I disagree - I am sure they have certain number of work force dedicated to work on I-485 cases. They will not accept any I-485 till October....so tell me one more time what are they going to do till October?
I agree with rest of your points about family based AP, EAD etc.
I agree with rest of your points about family based AP, EAD etc.
ramus
06-03 02:51 PM
If you don't like web-fax then you can make phone call or send email with your message in it. Also please contribute to IV.
What do you think?
I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.
engineer
What do you think?
I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.
engineer
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