skalra
12-06 11:11 PM
- Based on personal experience and not a professional advice
- I am assuming your PD is not current yet
I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.
If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)
- I am assuming your PD is not current yet
I have lots of friends who have applied their H1-B extension, even though their 140, EAD, FP, AP all are approved and 485 applied. Even in my case (I have everything listed above except 140), my lawyer was actually waiting for 140 to get approved so that I can get a 3 year extension, but then applied extension as 140 is taking too long. You may want to talk to another lawyer.
If what your lawyer says is true, then almost all ~300K July filers will be without H1-Bs after some time. ;) ;) ;)
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abracadabra
05-30 03:17 PM
yes, put in u'r receipt # here, it usually takes 24 hrs for online status to show up
https://egov.uscis.gov/cris/caseStatusSearch.do
Thanks for the information. Did you mail the EAD and AP packet without the confirmation reciept notice.
https://egov.uscis.gov/cris/caseStatusSearch.do
Thanks for the information. Did you mail the EAD and AP packet without the confirmation reciept notice.
Jimi_Hendrix
11-17 04:34 PM
for agreeing about the layout for this thread and forum. Agreement is so blissful around here.
Now let us get to work and start actively working on IV's objectives:p
Now let us get to work and start actively working on IV's objectives:p
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Sakthisagar
03-12 02:12 PM
For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.
Now, Please tell us what is the next step??
Now, Please tell us what is the next step??
more...
sunty
11-05 03:37 PM
You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
more...
gc_chahiye
11-11 12:51 PM
Please check this post by murthy on Non 09, 2007
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
http://www.murthy.com/news/n_nupush.html
On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.
Any IV updates on this ?
Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
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immiguy
07-18 01:25 PM
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
more...
diptam
02-24 04:30 PM
The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
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bach007
08-21 10:15 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
Check this out on header:
Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)
Check this out on header:
Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)
more...
sodh
07-18 06:36 PM
greencardvow you rock.
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horscorp
02-06 07:37 AM
Hello,
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
more...
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sheela
07-13 08:52 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is a requirement. Download AR11 read and follow it
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
It is a requirement. Download AR11 read and follow it
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caydee
07-14 12:31 AM
Done and forwarded to about 50 people. But the website shows only 2037 petitions. Is this website for real?
more...
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nashim
06-06 04:38 PM
I am in the similar situation but we never know when and what documents are needed since every day immigration law is changing, keeping that in mind, I renewed mine and my spouse�s EAD
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ss777
12-17 02:30 PM
Did you mean DIA POE ?
Its Dulles International Airport (IAD) in Virginia
Its Dulles International Airport (IAD) in Virginia
more...
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binadh
07-05 11:13 AM
This means that this time it has become unavailable because total number of visas have been used. However, when it resets on OCT 1st, it SHOULD be available. This is what I am hoping for...... We'll see. Any other thoughts?
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
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pani_6
01-27 04:33 PM
This is the time Guys...Please contribute..dont think...just Do it as Nike says!
Missing this window of oppurtunity will be costly..
--------------------------------
Contributions so Far $137, monthly $35
Missing this window of oppurtunity will be costly..
--------------------------------
Contributions so Far $137, monthly $35
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wellwisher02
04-07 06:20 PM
Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.
---
Good advice, Syed.
I endorse it! We'd like to see them together.
Leo07
05-21 10:30 AM
and there are lots more like us...
Alabaman
10-08 11:37 AM
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
Until you sell then there is no gain nor loss. If u sell and loose, then you report the loss in your tax return...if you gain you report the gain and you are taxed accordingly.
Until you sell then there is no gain nor loss. If u sell and loose, then you report the loss in your tax return...if you gain you report the gain and you are taxed accordingly.
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