sureshd
07-01 05:34 PM
Hi All,
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
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newbie2020
12-01 05:20 AM
This doesn't take into consideration any active filings. Eg. ROW countries are always current for EB2 and they can and will apply EB2 140 and 485 together, this goes on through out the year which would consume the visa number. General rule of thumb is ~10000-15000 visas will be available for India /China at the end of last quarter due to horizontal spillover.
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October 25th, 2004, 01:44 PM
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sukhyani
03-05 12:32 PM
Rest of the World.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.
We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).
'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)
Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.
more...
rally
07-19 10:23 AM
Could you please comment on the above?
Thanks
Thanks
gcpadmavyuh
10-07 11:08 PM
Hi Parimmigv:
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.
If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.
If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.
485 iteslf is a separate status called the adjustee or parolee status.
Now to your questions:
1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.
3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.
BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.
good luck!
Hello:
Can some please help me here ?.
Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.
I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-
1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.
Thanks,
more...
Dhundhun
08-13 12:39 AM
English equivalent:
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).
So start dancing, GC will follow.
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sku
12-31 12:43 AM
Bump
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485Mbe4001
07-11 02:45 PM
i guess its the overflow from other countries, which brings up a good question, why was EB3 ROW made unavailable earlier and the overflow sent to EB2 I ? Lawsuit anyone :confused:
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
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saps
01-26 12:02 PM
I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???
Can someone please confirm.
Can someone please confirm.
more...
sts_seeker
09-02 08:41 PM
Guys, I seen many people who became devotee of Sathya Sai Baba to get instant gratification such fast money, success etc. But when they realized that Just by being his devotes, they can't just wipe out their past Karma and get instant results so they were angry and started evil saying and comment against Baba. Unless you really follow his teachings and discipline and understand what he has done to India and all mankind, it is ignorance to judge him, he is beyond our limited thinking of instant gratifications and thinking of selfishness.
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pom
10-05 06:01 AM
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Good job guys.
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trueguy
08-11 10:53 AM
Hi WillWin,
Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..
Please vote here for prior to 2004 cases;
http://immigrationvoice.org/forum/showthread.php?t=20768
Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..
Please vote here for prior to 2004 cases;
http://immigrationvoice.org/forum/showthread.php?t=20768
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2003doc
08-18 10:14 AM
this should include total applications as derivative also has to file separate I-485. you multiply with 1.7 when you are estimating from approved I-140 to speculate number of people who are waiting online to apply for green cards. bottomline is its no where close to 500,000 to 750,000 as expected by oh-law and other websites
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
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06-13 01:33 PM
Memphis, TN
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waitingnwaiting
05-20 01:32 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
more...
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sanju
06-07 07:35 AM
I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.
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rique71
05-17 02:56 PM
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ivar
04-28 05:27 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
Pointlesswait,
Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.
Thanks.
AK_GC
02-13 12:50 AM
I feel your pain. Here is my advice. Talk to your local Senator. I have been in contact with my local senator since Nov 2008. Finally, i got my I485 approved on 10th Feb, yet to receive cards though.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.
My senator, the longest serving in the senate history, contacted at least 3 times with USCIS, as recent as Jan 28th. So just take their help, dont even hesitate.
Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.
rkthoka
08-04 01:05 PM
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
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