casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
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funny
08-13 01:20 PM
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
jonty_11
06-12 05:14 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
2 options..
use EAD and join new empolyer .
If u dont have EAD yet...do another h1 Transfer
2 options..
use EAD and join new empolyer .
If u dont have EAD yet...do another h1 Transfer
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Ramba
12-11 03:08 PM
"class of admission" -when you enter USA last time what class POE officer admitted you. This can be different from your "current status-H1B". Therefore you should write F1.
There is no fee difference for single entry & multiple entry.
There is no fee difference for single entry & multiple entry.
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smiledentist
06-21 10:19 PM
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
But the 140 is already approved,can it be ammended now.
Not a legal advice.
But the 140 is already approved,can it be ammended now.
garfield_x
03-05 01:53 PM
eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....
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gc_chahiye
11-29 03:33 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
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pappu
06-02 10:58 AM
I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??
Airbusfan
I had sent you a private message yesterday. .
Without verification we cannot give access to anyone.
Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.
Ryan, Thanks for responding to the PM.
Airbusfan
I had sent you a private message yesterday. .
Without verification we cannot give access to anyone.
Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.
Ryan, Thanks for responding to the PM.
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singhv_1980
01-31 10:41 PM
If you are planning to interview at Delhi, then check out the policies of the Delhi Consulate here: http://newdelhi.usembassy.gov/applyinghlopq.html
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
As of last Sept, there was no requirement to drop off the application a week before the interview, however, Mumbai did have that requirement.
By the way, did you investigate the delays due to PIMS? Any update on how one can request the information about the approved H-1B sent to the consulsate?
Thanks for the info.
I tried getting some info on PIMS here in US..but cudnt get any. All I have is through couple of forums including IV. I cudnt make any pattern based on approval date or service center for I-797. All I have is hope.
May god bless us all.
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emmNemm
12-10 06:02 PM
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
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jetflyer
08-06 05:05 PM
Looks like nobody got Welcome email lately?? Is that good sign for future date movement?:)
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gapala
02-04 04:56 PM
This sounds like volunteering opportunity to me. May be other senior members on the forum will also throw some light on this scenario.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
As far as I know, you can volunteer in any area as long as you do not get paid for those services.
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phillyag
07-18 03:07 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
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martinvisalaw
07-06 09:51 AM
See answers below, IN CAPS.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
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willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
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alterego
11-02 03:42 PM
Dear President Elect _______
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.
As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.
I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.
Respectfully,
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dwhuser
06-15 11:24 PM
Oh! Thanks for the explanation. We will ask his old employer if he would give us the letter. Honestly I doubt.... if he can give the letter without an active payroll or a Purchase order for a future project. No harm in tring though.....
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watzgc
02-12 06:58 PM
You can work upto 240 days after your H1 expiry date while your H1B is pending. To continue working from 241st day, you would need EAD otherwise stop working until the decision is made on H1B.
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
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chanduv23
09-16 12:53 AM
I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!
These posts matter - people are not like you or me - a lot of them gave rude answers during the phone campaign
These posts matter - people are not like you or me - a lot of them gave rude answers during the phone campaign
harsh
01-05 02:14 PM
To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.
eb2_immigrant
10-21 02:12 AM
My AP renewal recently got approved. It was never in this status.
May be finger prints or some mistake. I know for AP you don't FP
^^^^^^bump^^^^^bump^^^^
May be finger prints or some mistake. I know for AP you don't FP
^^^^^^bump^^^^^bump^^^^
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