Green.Tech
03-20 02:54 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
If our answers were helpful, can you please update your profile.
If our answers were helpful, can you please update your profile.
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abhijitp
07-04 02:06 AM
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03-10 11:52 AM
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hari-patti
10-11 09:41 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
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rickys_in
10-04 06:31 PM
How soon before the passport expiry can we go for the renewal?
1 year before the expiry
1 year before the expiry
Ann Ruben
04-23 06:54 PM
That could be viewed as remuneration for services thus meeting the USCIS definition of employment. At least theorhetically, this would violate your H-1 status.
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PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
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kumarr
04-08 01:03 PM
I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
The message still says "case received and pending" on all cases.
I wonder what it means?
Thanks.
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spicy_guy
11-15 11:08 AM
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GC_ASP
07-18 02:01 PM
Nothing to worry dude. Your wife is not out of status. Her I-94 is valid. No issues with 485.
You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.
You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.
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mnq1979
06-30 05:15 PM
I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
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manand24
10-08 02:34 PM
Still waiting.
--------------------------
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC; LUD 10/07/2007
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
WIFE
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC; ; LUD 10/07/2007
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
--------------------------
--------------------------
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC; LUD 10/07/2007
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
WIFE
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC; ; LUD 10/07/2007
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
--------------------------
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
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01-30 11:20 AM
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psnycgirl
03-08 03:43 PM
Both my husband and I have been using our AP for traveling for the last few years and he uses his EAD for his job. So trying to say that we don't use our H visas but his employers renew them anyway when its time to renew.
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
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permfiling
09-28 12:16 AM
I gave FP 2 weeks ahead of the scheduled date. They only checked whether I have a FP notice.
I got a biometrics notice which is 22 days from today. Is there a way to prephone the appointment or I can just go as you guys did
I got a biometrics notice which is 22 days from today. Is there a way to prephone the appointment or I can just go as you guys did
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harrydr
04-29 10:16 PM
Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
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ksvreg
03-15 09:10 PM
IN THE CURRENT SITUATION/TREND,
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
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gc_bulgaria
10-23 07:42 PM
I haven't had a LUD since September - non after FP too!
Received AP today - status online still says pending.:p
Received AP today - status online still says pending.:p
ZeroComplexity
03-13 02:08 PM
wow didn't know USCIS had the time or the resources to entertain calls about LUDs ..
The7zen
11-11 11:22 AM
It would be nice if we get Subscription expiration notification.
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