va_217
01-11 10:38 AM
Say am planning to stay abroad after filing 485 for more than 6 months and the consulting company is willing to support.
what can be the possible issues if stayed like an year or more if I am maintaining H1 status instead of using AP
what can be the possible issues if stayed like an year or more if I am maintaining H1 status instead of using AP
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Blog Feeds
12-10 05:20 PM
With predictions that the H1B cap will be reached any day now, employers and employees are rushing to beat the cap. United States Citizenship and Immigration Services (USCIS) announced that, as of December 4th, it had received approximately 61,100 H-1B petitions counting toward the congressionally-mandated 65,000 limit. Additionally, USCIS has approved sufficient H-1B petitions for foreign nationals with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petition filed on behalf of a foreign national with an advanced degree will now count toward the general H-1B cap of 65,000.
So why are they still accepting cases? Well not all filed H1B petitions will be approved so the final count will not be known until USCIS will clear all denials. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/12/h1b_visa_cap_update_1282009.html)
So why are they still accepting cases? Well not all filed H1B petitions will be approved so the final count will not be known until USCIS will clear all denials. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/12/h1b_visa_cap_update_1282009.html)
martinvisalaw
06-11 04:46 PM
USCIS has specifically answered a very similar question in 2004. The answer is "A change of status take effect automatically on the effective date noted in the [approval notice], even if there is an intervening admission...."
Your H-1B status should therefore take effect automatically on 10/1/09, assuming it was approved as a change of status.
Your H-1B status should therefore take effect automatically on 10/1/09, assuming it was approved as a change of status.
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watertown
08-03 04:08 PM
Guys,
Just want to share my latest info. As you know my case has been stuck in Boston-CIS since May 22, 2007 after interview. Latest SR got me a letter yesterday from local office stating "need to perform additional review...blah...blah..." On other hand I got another letetr last week from CAO-USCIS as Washington signed by a supervisor staing that my case is stuck coz "I never attended NSEER interview in 2003 and as a ocurtesy she has arranged for my interview at ICE office in Boston". I was amused coz my passport is littered with NSEER stamps and I had the same RFE during one of EAD renewal and after the reply they promptly approved the EAD!
It speaks volume about USCIS's efficiency. Anyway, I'm saving all these letters and will file WOM at the beginning of next year.
Just want to share my latest info. As you know my case has been stuck in Boston-CIS since May 22, 2007 after interview. Latest SR got me a letter yesterday from local office stating "need to perform additional review...blah...blah..." On other hand I got another letetr last week from CAO-USCIS as Washington signed by a supervisor staing that my case is stuck coz "I never attended NSEER interview in 2003 and as a ocurtesy she has arranged for my interview at ICE office in Boston". I was amused coz my passport is littered with NSEER stamps and I had the same RFE during one of EAD renewal and after the reply they promptly approved the EAD!
It speaks volume about USCIS's efficiency. Anyway, I'm saving all these letters and will file WOM at the beginning of next year.
more...
mayhemt
09-21 10:28 AM
Here's my case
(EB3-I I485 filed & pending, got married after July 2007 episode and missed filing I485 for my wife.)
So, cannot use EAD during these transitions and continuing H1 filings & extensions...
My current H1b is expiring on Sep 30 2010, I 94 expires on Oct 09 2010 (I know the officer at DFW POE was kind enough to give expiry 10 days beyond petition exp date).
My current company filed for normal extension during 3rd week of Sep 2010.
Now I got job offer from another employer, who wants me to join from 11 Oct 2010 or I can ask them to advance joining date to 06 Oct 2010 (to rule out the possibility of being out of status). They are ready to do H1B premium. (They claim their track record is good, & they get very minimal denials)
Did anyone face this situation?
Also, once the new employer's H1B is filed, does it come with I-94 cards in the petition notice? (If not, I would have to go out & get stamped, don't I?)
(EB3-I I485 filed & pending, got married after July 2007 episode and missed filing I485 for my wife.)
So, cannot use EAD during these transitions and continuing H1 filings & extensions...
My current H1b is expiring on Sep 30 2010, I 94 expires on Oct 09 2010 (I know the officer at DFW POE was kind enough to give expiry 10 days beyond petition exp date).
My current company filed for normal extension during 3rd week of Sep 2010.
Now I got job offer from another employer, who wants me to join from 11 Oct 2010 or I can ask them to advance joining date to 06 Oct 2010 (to rule out the possibility of being out of status). They are ready to do H1B premium. (They claim their track record is good, & they get very minimal denials)
Did anyone face this situation?
Also, once the new employer's H1B is filed, does it come with I-94 cards in the petition notice? (If not, I would have to go out & get stamped, don't I?)
JunRN
05-10 06:39 PM
Yes, as long as the new job is same/similar to job B. The 180 days count is number of calendar days i-485 is pending, not number of days on the job. One may not even be working at all during that 180 days, or even while waiting for i-485 approval however, must have a very good excuse because IOs will be very suspicious. It is not violating any rules though as i-485 is for future employment.
more...
neoklaus
10-23 07:35 PM
I 485/EAD/AP received by TSC Aug 16
RN-not yet
FP Notice received from NSC! Oct 22
FP App. Nov 9
RN-not yet
FP Notice received from NSC! Oct 22
FP App. Nov 9
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05-18 05:33 PM
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ebizash
08-29 09:40 AM
There is no such thing as AP Renewal, it is always a fresh application. That is the reason application does not mention anything about renewal.
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coolfun
01-27 11:10 PM
Hi,
Gurus - I have few questions and I need your help:
1. My EAD/AP expires in June/July '08. Can I apply for their renewal now?
2. Will there be a finger-printing requirement for the renewal? We had finger print in June 2007 when we applied 485/765/131 together?
3. Is it better to efile or paper file?
4. I will be in India from April to June this year. I have an AP valid till end June. Can I file for EAD/AP renewal and leave for India in April. Is there any risk? I can still use my current AP to enter when I come in early June, right?
Thanks so much.
Gurus - I have few questions and I need your help:
1. My EAD/AP expires in June/July '08. Can I apply for their renewal now?
2. Will there be a finger-printing requirement for the renewal? We had finger print in June 2007 when we applied 485/765/131 together?
3. Is it better to efile or paper file?
4. I will be in India from April to June this year. I have an AP valid till end June. Can I file for EAD/AP renewal and leave for India in April. Is there any risk? I can still use my current AP to enter when I come in early June, right?
Thanks so much.
more...
Macaca
03-11 06:42 PM
Some paras from Securing Iraq Votes, One at a Time (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/10/AR2007031001300.html) -- House Democratic Leaders Methodically Build Support for War Plan
By Jonathan Weisman, Washington Post Staff Writer, Sunday, March 11, 2007
Rep. Jerry Nadler was the only lawmaker at a meeting of all House Democrats on Thursday to stand up and declare that he could not support a compromise plan to fund the Iraq war with a timeline to end the conflict. So some party leaders had written him off even as he joined House Speaker Nancy Pelosi for a private meeting.
In the confines of the speaker's suite, Nadler (N.Y.) could be specific. He sought assurances from Pelosi (Calif.) that President Bush would be compelled to withdraw all troops from combat by August 2008, as the legislation proposed. He wanted to know: "What is the legal compulsion to follow this timeline?"
A Pelosi aide disappeared from the meeting for a few minutes and returned with a few lines of legislative text offering what Nadler wanted to hear: Once troops are out of Iraq, no money would be available to put them back in, outside the narrow exceptions of targeted counterterrorism operations, embassy protection and efforts to train Iraqis.
"You know," Nadler said after a pause, "I think that's okay."
Nadler's conversion was a sign of the member-by-member, slow but deliberate headway Democratic leaders say they are making in their efforts to cobble together the 218 supporters they need to pass one of the most consequential pieces of defense legislation in decades, a $105 billion war-funding bill that would impose strict standards of rest and readiness for the military, establish clear benchmarks for the government of Iraq and set a timeline to end U.S. involvement in the war.
Through closed-door meetings, pep rallies, private phone conversations and horse trading, Democratic leaders are moving outward from the 180 solid votes in the party's political center to win the votes on the party's left and right that will be needed to pass the bill later this month.
The cajoling will continue tomorrow as lawmakers return to Washington and the legislation is readied for markup later in the week. But there are roadblocks: Rep. Allen Boyd (D-Fla.) said some conservatives are withholding their support until the language McDermott wanted is removed.
As Democratic leaders balance those demands, the calculus is fairly straightforward, said one conservative Democrat involved in the process. Leaders are counting on winning all but a dozen of the 43 conservative Blue Dog Democrats and all but a dozen of the 75 or so members of the liberal Out of Iraq Caucus. Then, Democratic leaders are hoping, enough Republicans will break ranks to put them over the top.
By last week's end, House Democratic Caucus Chairman Rahm Emanuel (Ill.) said, they had secured about 200 votes.
But the last 18 votes will not be easy. That point was brought home Thursday morning, during the closed-door meeting in which the legislation was detailed for Democratic members. As Pelosi gave her pitch, Reps. Lynn Woolsey (Calif.), Barbara Lee (Calif.), Lloyd Doggett (Tex.) and Nadler stood up to leave for a news conference of their own. After an uncomfortable pause, Pelosi growled that she wished Democrats would be courteous enough to hear her out before talking to the media. Nadler sat down. The rest walked out.
Democratic aides concede that some party members, including Woolsey, Lee and Doggett, are all but lost. But they are not giving up.
"There's nothing guaranteed in life, but I feel very good," Emanuel said.
By Jonathan Weisman, Washington Post Staff Writer, Sunday, March 11, 2007
Rep. Jerry Nadler was the only lawmaker at a meeting of all House Democrats on Thursday to stand up and declare that he could not support a compromise plan to fund the Iraq war with a timeline to end the conflict. So some party leaders had written him off even as he joined House Speaker Nancy Pelosi for a private meeting.
In the confines of the speaker's suite, Nadler (N.Y.) could be specific. He sought assurances from Pelosi (Calif.) that President Bush would be compelled to withdraw all troops from combat by August 2008, as the legislation proposed. He wanted to know: "What is the legal compulsion to follow this timeline?"
A Pelosi aide disappeared from the meeting for a few minutes and returned with a few lines of legislative text offering what Nadler wanted to hear: Once troops are out of Iraq, no money would be available to put them back in, outside the narrow exceptions of targeted counterterrorism operations, embassy protection and efforts to train Iraqis.
"You know," Nadler said after a pause, "I think that's okay."
Nadler's conversion was a sign of the member-by-member, slow but deliberate headway Democratic leaders say they are making in their efforts to cobble together the 218 supporters they need to pass one of the most consequential pieces of defense legislation in decades, a $105 billion war-funding bill that would impose strict standards of rest and readiness for the military, establish clear benchmarks for the government of Iraq and set a timeline to end U.S. involvement in the war.
Through closed-door meetings, pep rallies, private phone conversations and horse trading, Democratic leaders are moving outward from the 180 solid votes in the party's political center to win the votes on the party's left and right that will be needed to pass the bill later this month.
The cajoling will continue tomorrow as lawmakers return to Washington and the legislation is readied for markup later in the week. But there are roadblocks: Rep. Allen Boyd (D-Fla.) said some conservatives are withholding their support until the language McDermott wanted is removed.
As Democratic leaders balance those demands, the calculus is fairly straightforward, said one conservative Democrat involved in the process. Leaders are counting on winning all but a dozen of the 43 conservative Blue Dog Democrats and all but a dozen of the 75 or so members of the liberal Out of Iraq Caucus. Then, Democratic leaders are hoping, enough Republicans will break ranks to put them over the top.
By last week's end, House Democratic Caucus Chairman Rahm Emanuel (Ill.) said, they had secured about 200 votes.
But the last 18 votes will not be easy. That point was brought home Thursday morning, during the closed-door meeting in which the legislation was detailed for Democratic members. As Pelosi gave her pitch, Reps. Lynn Woolsey (Calif.), Barbara Lee (Calif.), Lloyd Doggett (Tex.) and Nadler stood up to leave for a news conference of their own. After an uncomfortable pause, Pelosi growled that she wished Democrats would be courteous enough to hear her out before talking to the media. Nadler sat down. The rest walked out.
Democratic aides concede that some party members, including Woolsey, Lee and Doggett, are all but lost. But they are not giving up.
"There's nothing guaranteed in life, but I feel very good," Emanuel said.
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TheCanadian
05-14 07:54 PM
Could you post it in GIF?
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Blog Feeds
12-07 09:50 AM
Vivek Wadhwa has a cool new proposal for a visa targeted toward entrepreneurs with great ideas and start up capital to launch new enterprises. Here's some of what he writes in Businessweek: Here's how it would work. Suppose a talented engineer who is not a U.S. citizen has a great idea for a new type of search engine and wants to start a company. This entrepreneur wants to start that company in the U.S., where venture capital markets are the most mature, intellectual property laws are strong, and the talent level is high. It turns out that the would-be founder's...
More... (http://blogs.ilw.com/gregsiskind/2009/12/time-for-a-founders-visa.html)
More... (http://blogs.ilw.com/gregsiskind/2009/12/time-for-a-founders-visa.html)
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hebron
04-01 04:10 PM
Hi,
I have already filed my I-485 in Aug 2007. My employer is moving to a new office space in the same city. It is almost 2 miles from where I'm working now. Do I need to notify USCIS of this change? If so, how would I do it? Could anyone please suggest.
Thanks!
I have already filed my I-485 in Aug 2007. My employer is moving to a new office space in the same city. It is almost 2 miles from where I'm working now. Do I need to notify USCIS of this change? If so, how would I do it? Could anyone please suggest.
Thanks!
more...
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06-13 09:20 AM
IV Advocacy Days Blog: http://advocacydays.blogspot.com/ Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwFu-Lpw4YWjHR2QKG2sLPu09PADHjl1S9GuWkUP_QqXpsgguc8o0PKKJjWelx6vkuvjgIeCJg9x0OFjMQxaJ2PCy9L2tYdPntKC3AUOvtCPhID3Y48xMwT7rZ_ATraVwnoYMC2z7c88g/s320/IMG_5484_filtered-729165.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwFu-Lpw4YWjHR2QKG2sLPu09PADHjl1S9GuWkUP_QqXpsgguc8o0PKKJjWelx6vkuvjgIeCJg9x0OFjMQxaJ2PCy9L2tYdPntKC3AUOvtCPhID3Y48xMwT7rZ_ATraVwnoYMC2z7c88g/s1600/IMG_5484_filtered-729165.jpg)
https://blogger.googleusercontent.com/tracker/6606610335683210036-5141077004349583150?l=advocacydays.blogspot.com
More... (http://advocacydays.blogspot.com/2010/06/advocay-days-picture.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwFu-Lpw4YWjHR2QKG2sLPu09PADHjl1S9GuWkUP_QqXpsgguc8o0PKKJjWelx6vkuvjgIeCJg9x0OFjMQxaJ2PCy9L2tYdPntKC3AUOvtCPhID3Y48xMwT7rZ_ATraVwnoYMC2z7c88g/s320/IMG_5484_filtered-729165.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiwFu-Lpw4YWjHR2QKG2sLPu09PADHjl1S9GuWkUP_QqXpsgguc8o0PKKJjWelx6vkuvjgIeCJg9x0OFjMQxaJ2PCy9L2tYdPntKC3AUOvtCPhID3Y48xMwT7rZ_ATraVwnoYMC2z7c88g/s1600/IMG_5484_filtered-729165.jpg)
https://blogger.googleusercontent.com/tracker/6606610335683210036-5141077004349583150?l=advocacydays.blogspot.com
More... (http://advocacydays.blogspot.com/2010/06/advocay-days-picture.html)
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thakkarbhav
01-11 02:39 PM
I guess no complications unless USCIS asks for employment verification at the time of approving the case. He should continue to file for Income tax retrun for 2010 and also need to work for few months in 2011 to file for return.
more...
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voldemar
02-06 09:35 PM
My friend has his I-485 filed and has got EAD/AP, but the priority date is so behind, that he has no chance of getting a green card before his marriage. So, as I understand he should be able to bring his wife on H4 (as long as he maintains H1). My question is: does he have to re-file for I-485 to include his wife and if so will the priority date remain the same as the first application?She needs to file her own I-485 but only when PD become current. She has the same PD as primary applicant.
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eb3retro
08-05 06:12 PM
This question is for those who are residing in TX and renewed their AP. Recently I applied (efiling) for AP renewal for my spouse, the online system directed me to mail the supporting documents to Nebraska. I am thinking this is because our 485 is pending in Lincoln, NE. Did anyone who renewed their parole sent the supporting documents to TX. I have a wierd feeling that TX service center is much faster in EAD and AP renewals compared to NE. Can someone advice. Also, if doing a paper filing, can I send it to TX service center since I reside in TX? Thanks in advance.
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Blog Feeds
01-12 07:40 AM
AILA Leadership Has Just Posted the Following:
Okay, so Lou Dobbs appears on Bill O'Reilly's show last night. And Dobbs appears the more rational one. It is amazing what a desire to get into politics will do to one's "uncompromising" standards. Watch it here:
https://blogger.googleusercontent.com/tracker/186823568153827945-5822981281410072246?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/lou-dobbs-and-bill-orielly-surreality.html)
Okay, so Lou Dobbs appears on Bill O'Reilly's show last night. And Dobbs appears the more rational one. It is amazing what a desire to get into politics will do to one's "uncompromising" standards. Watch it here:
https://blogger.googleusercontent.com/tracker/186823568153827945-5822981281410072246?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/lou-dobbs-and-bill-orielly-surreality.html)
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10-21 08:30 AM
"In heated, election-year politics, the facts often take a backseat to campaign rhetoric - particularly when it comes to immigration. In an effort to defend the facts and provide basic answers to the most commonly asked questions, the Immigration Policy Center releases �Giving the Facts a Fighting Chance: Answers to the Toughest Immigration Questions (http://www.immigrationpolicy.org/sites/default/files/docs/Giving_Facts_a_Fighting_Chance_100710.pdf).� (PDF version)"
More... (http://ashwinsharma.com/2010/10/16/giving-facts-a-fighting-chance-answers-to-the-toughest-immigration-questions--via-the-immigration-policy-center.aspx?ref=rss)
More... (http://ashwinsharma.com/2010/10/16/giving-facts-a-fighting-chance-answers-to-the-toughest-immigration-questions--via-the-immigration-policy-center.aspx?ref=rss)
Pram777
08-27 10:36 AM
My PD is Jun 2008 and my I140 is approved in April 2009 in EB2. My employer and lawyer did not give me any paperwork regarding Labor or I140 so I know details about Ad, Job Title or Description and stuff like that. If I want to transfer my H1 and keep the Priority Date, how can I know these details. Will it be a problem if I dont have these details.
Thank you
Thank you
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