h1b_visaholder
06-08 09:57 PM
Any updates on this... I would really like to know cos I am in the same situation and would like to know what happened in your case.
Thanks in Advance.
Thanks in Advance.
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HV000
03-09 01:49 PM
Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!
boozereddy
10-02 10:33 AM
According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.
Again this is only my opinion. I might be wrong.:)
Again this is only my opinion. I might be wrong.:)
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walking_dude
03-14 10:22 AM
There is nothing much IV can do to fix the inefficiency of the USCIS. How can IV help if USCIS cannot do its job in time? We can request them to work harder, thats all we can do.
Multi-year EAD/APs ( 3 years) are already part of the ongoing IV Admin fixes campaign. Having 3 year EAD/APs will fix some of the issues mentioned by you.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
Multi-year EAD/APs ( 3 years) are already part of the ongoing IV Admin fixes campaign. Having 3 year EAD/APs will fix some of the issues mentioned by you.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
more...
sunny1000
02-01 09:11 PM
Hi Everyone,
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
Technically, there should not be an issue. But as the other poster suggested, it may be better to extend it since you are still outside the 120 day window for application.
sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
more...
kaushik07
10-30 01:44 PM
I see a number of views on this thread this morning. Small request for all those who are viewing this thread - if you are a july 2nd filer or in that week close by, can you please post your comments so that we will know if there are a significant count of applicants who are out there in the same boat. Thanks!
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rbalaji5
11-17 10:46 AM
Hi -
If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.
I knew lot of IV members went to mexica for H1 stamping.. Please advise.
Thanks.
If we go to mexico by road, do they take my i-94 at the U.S border and issue a new i-94 while coming back?.
I knew lot of IV members went to mexica for H1 stamping.. Please advise.
Thanks.
more...
HV000
03-08 10:39 PM
By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
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msgoud
03-09 12:54 PM
he is india
he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.
he didnt go for interview,his wife went,and when was unable to answer few question they called my brother who was wiating outside for afternoon.
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santb1975
05-17 11:03 PM
34294$ more to raise. Let us do it
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ReDrUmNZ
02-04 07:43 PM
I'm loving the swarm! :)
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gotgc?
09-14 10:20 AM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
You are fine man..I was in the same situation as yours...I had filed for LC Sub I140 in June 2006 and it was pending. I filed I-485 in July 2007 based on this I-140. Then I filed another I-140 in Jan 2008 based on my original labor and it was approved in Feb 2008. All this time, my first I140 was pending and it was denied in Sep 2008. I thought I am ggoing to lose my I-485 because it was filed based on that.
My lawyers confirmed me from AILA Inquiry that my I-485 will still be active based on the I-140 approved in Feb 2008. You dont need any re-linking. All USCIS needs ti keep I-485 active is one approved I-140. I confirmed this with 2 Info pass appts. My I-485 is pre-adjudicated status and it has been 2 years...got multiple EADs, AP, travelled and came in..no issues...so dont worry. Your I-485 will be actibe based on your approved I-140. You dont need any re-links.
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lalithkx
08-19 11:54 AM
Per Murthy EAD will be ganted only for one year if I-140 has not yet approved.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
An important point made in the clarification is that, regardless of an unavailable priority date, the EAD will only be granted for one year if the I-140 petition has not yet been approved.
Yes, My I-140 is still pending but both me and my wife got 2 year EAD.
I think they changed their policy at their convenience.
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rsrikant
10-31 03:43 PM
hey guys,
i apply at tsc on aug 3rd. transferred to vsc.
ead card production ordered 10/22
ead card received 10/27
no email received for approval notice
FP received from tsc 10/29.
i apply at tsc on aug 3rd. transferred to vsc.
ead card production ordered 10/22
ead card received 10/27
no email received for approval notice
FP received from tsc 10/29.
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saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..
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manderson
11-07 04:12 PM
Can anyone else have opinion on this?
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
regards,
Mittal Kapdi
u don't need to go for "visa stamping" to maintain status (know that status and visa are different)
notify the school of your change of status like the other guy/gal said. that's all you will need to do keep staying in the US legally.
....But if you want to travel while on H1, then yes: you need to go for "visa stamping".
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gc2
03-08 08:36 AM
i guess you would need to share specifics with a reputed attorney to identify what went wrong in your brother's case. on this forum, there is limited help for a case like yours that requires professional handling.
perhaps someone who has had similar experience can throw light on this situation. wishing you best.
perhaps someone who has had similar experience can throw light on this situation. wishing you best.
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sundarpn
08-03 03:46 AM
If one is in their say 5th or 6th yr of H1 and has an Approved I-140 (copy) from a company A, does that mean:
1. that he can transfer his H1b to a company B and get 3 yr ext.
2. Again in the 8th or 9th year, can he move to another company C and get a 3 ext (upto 12th year).
So can one get infinite 3 yr extenstions just because once upon a time he/she had an approved I 140 from one of his ex-employers (and not his immediate previous emplyer). :)
1. that he can transfer his H1b to a company B and get 3 yr ext.
2. Again in the 8th or 9th year, can he move to another company C and get a 3 ext (upto 12th year).
So can one get infinite 3 yr extenstions just because once upon a time he/she had an approved I 140 from one of his ex-employers (and not his immediate previous emplyer). :)
h1techSlave
02-02 10:35 AM
we must always have a current and valid AP even if we have no plans of travel.
Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.
I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.
I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
spulavarthi
08-27 02:55 PM
2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
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