miththoo
01-10 08:56 PM
>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
I used AP recently. My H1 is valid till Jun 10 2008. So I am asking my company to file for an extension. My paroled I-94 is valid till Dec24th 2008. My company is saying that they can not file for H1 extension now as my I-94 is valid till Dec 24th 2008. And they can only file for extension 6 month prior to I-94 expiry. But if that's the case then I will not be able to file for H1 extension until Jun24 (i.e. 6 month before I-94 expiry Dec24) and by that time my H1 ll be invalid. I would appreciate if you someone let me know if the H1 extension is possible in my case or not.
Thanks,
Miththoo
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
I used AP recently. My H1 is valid till Jun 10 2008. So I am asking my company to file for an extension. My paroled I-94 is valid till Dec24th 2008. My company is saying that they can not file for H1 extension now as my I-94 is valid till Dec 24th 2008. And they can only file for extension 6 month prior to I-94 expiry. But if that's the case then I will not be able to file for H1 extension until Jun24 (i.e. 6 month before I-94 expiry Dec24) and by that time my H1 ll be invalid. I would appreciate if you someone let me know if the H1 extension is possible in my case or not.
Thanks,
Miththoo
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sobers
02-17 07:01 PM
You guys in the DC/MD/VA are are critical to the success of this effort!
Ya all have shown great initiative and leadership -Keep it up!
Ya all have shown great initiative and leadership -Keep it up!
ags123
07-26 09:57 AM
I recently got my Eb2 India Employment based I-485 approved. I am going to file my spouse's I-485 soon and was wondering what address I should send the forms to.
The direct filing address says
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517
However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.
So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes
The direct filing address says
USCIS Chicago Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 805887
Chicago, IL 60680-4120
For Express mail and courier deliveries:
USCIS
Attn: FBAS
131 South Dearborn, 3rd Floor
Chicago, IL 60603-5517
However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.
So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes
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bondgoli007
07-14 04:39 PM
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
more...
deepakjain
11-16 06:40 PM
As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
monicasgupta
12-31 10:32 AM
Dear friends,
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
more...
LostInGCProcess
03-07 04:32 PM
Hello all,
I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.
Any experiences would be greatly appreciated. Thanks.
It took me about 95 days, from start to finish.
I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.
Any experiences would be greatly appreciated. Thanks.
It took me about 95 days, from start to finish.
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saps
07-09 12:09 PM
I think the exams do expire. Just carry the copy of your old medical tests to the doctor and you might not need to take the vaccination shots again as most of them are valid for long period. But your wife will have to retake the TB and other tests. Just take the RFE with you to the doctor's office.
more...
ragz4u
04-17 01:54 PM
Hi
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
Is there a way someone can call the DOL? I never received any receipt number from my lawyer, but the PERM was evaluated in 60 days!
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
Is there a way someone can call the DOL? I never received any receipt number from my lawyer, but the PERM was evaluated in 60 days!
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rameshvaid
03-12 09:48 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Enjoy the freedom..
rv
:):):):):):)
Enjoy the freedom..
rv
more...
kpsm88
02-13 07:55 PM
See no GC? Hear no GC? Talk to IV
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waitin_toolong
07-27 10:07 AM
it is ok for the derivative applicant to not be working, but if the primary who os geeting the GC on the basis of employment does need to be employed at the time of approval.
1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.
1-2 months off will not matter. If the I-485 stays pending for too long they can raise RFE for current employer letters and other specifics, you will need to have a job lined up at that time.
more...
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akred
07-07 12:57 PM
Rated 5 stars.
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lazycis
12-19 04:01 PM
Multiple I-485 Filings Not Advisable
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
�MurthyDotCom
While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.
I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.
more...
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gcdeal
07-10 07:57 PM
Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She is a total B**** . You cannot even ask her a question!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She is a total B**** . You cannot even ask her a question!
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eb3_nepa
02-12 02:14 PM
Dont forget "CHEAP" ;)
Good but LAZY and CHEAP ;)
Good but LAZY and CHEAP ;)
more...
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chanduv23
04-22 11:58 AM
There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
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DSLStart
07-28 09:53 PM
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
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champu
03-12 09:46 PM
Thank you all. I hope this year all of you would also sail through this tough journey.
fall2004us
09-01 01:00 PM
Nice article...
Its really saddening, parents do so much for their kids and when they grow old, the kids cant take good care of them ??
My own cousins are like that two cousins (vice president of a reputed company and another one is a surgeon) put their mom to old age home, another cousin didnt even have medical insurace for his parents reason being he is a Dr and he can take care of them during any situation.
Its really saddening, parents do so much for their kids and when they grow old, the kids cant take good care of them ??
My own cousins are like that two cousins (vice president of a reputed company and another one is a surgeon) put their mom to old age home, another cousin didnt even have medical insurace for his parents reason being he is a Dr and he can take care of them during any situation.
sasimks75
08-23 06:35 PM
Thanks very much for your quick reply.
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?
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