miguy
06-16 12:18 PM
Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
1. can we choose the start date of our EAD or does USCIS decide that date?
2. can you have separate start dates for you and your wife's EAD?
3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?
thanks
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DesiTech
06-01 06:46 PM
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.
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
VisaVisa
09-08 11:08 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
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sanjaymk
10-14 03:21 PM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I used SRI..Speciality Risk and was happy with the prices they gave me - www.specialityrisk.com
I heard a couple of problems about getting insurance in India, when I first started searching a couple of years ago, but don't remember what they are right now. For all I know, it may not be true now.
All the best.
Sanjay.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
I used SRI..Speciality Risk and was happy with the prices they gave me - www.specialityrisk.com
I heard a couple of problems about getting insurance in India, when I first started searching a couple of years ago, but don't remember what they are right now. For all I know, it may not be true now.
All the best.
Sanjay.
more...
martinvisalaw
03-17 11:50 AM
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved? No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
pushkarw
12-21 12:44 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
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svr_76
06-12 12:50 PM
I agree....but still think that however logical it seems it hard for ppl to follow it. I still think this fearmongering is so deep rooted that a majority of folks will just flood CIS with inquries and senator letters ets.. (the reason being...the other person is doing it and i dont want to be left behind) Same like the "Run to the Bank" ...
that eventually. .the CIS will resort to the best option they have....
They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).
that eventually. .the CIS will resort to the best option they have....
They will start issueing RFE for majority of cases... thus pushing processing by 60 days (remember no SR for 60 days after RFE reson received).
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surge
02-16 10:38 AM
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
more...
Dipika
03-28 09:41 AM
guys, Murthy says EB2 will move forward in May 2008 bulletine. Reason is getting leftover visa from EB1 India's category.
http://murthy.com/bulletin.html
hoping big forward move.:D
http://murthy.com/bulletin.html
hoping big forward move.:D
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tikka
08-07 07:56 PM
and bump///
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lost_in_migration
05-15 12:24 PM
The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
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karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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STAmisha
06-19 03:37 PM
Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.
1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?
2)the Online Status Still Shows "in Process"
Gurus, Please Help Me
1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?
2)the Online Status Still Shows "in Process"
Gurus, Please Help Me
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suratvoice
12-17 11:06 AM
Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.
Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...
Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...
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arunmohan
03-06 11:19 PM
I will fax it on Monday.
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andy garcia
03-17 08:18 AM
My I-485 Receipt Notice does not have any PD on it either.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.
more...
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ganeshpv
05-01 12:40 PM
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
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sk26
04-13 05:30 PM
Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...
No, I did not recive any RFE on my wife's 485 application.
No, I did not recive any RFE on my wife's 485 application.
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StuckInTheMuck
07-15 01:08 PM
If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.
I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.
I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.
black_logs
05-11 10:43 AM
We are still working on it, the most probable location & time is Bombay Palace at 7 pm but please wait until it is announced officially.
Could some one post the Venue and time? (I guess it is dinner meet)
Thanks
Could some one post the Venue and time? (I guess it is dinner meet)
Thanks
cris
08-30 12:22 PM
outstanding answer , gg_ny ! Thank you very much
