duncanidaho
02-17 10:51 PM
Stuk,
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
You'll be stuck forever if your 140 gets denied after you use AC21. If the 140 gets denied, your 485 will be denied automatically and your EAD becomes invalid. At this point, you have the option of filing a motion to reopen the 140 case and/or applying for an H1(that is not subject to quota), provided you have not spent more than 180 days in the US after your 140/485 are denied.
In all likelihood your H1 will be approved, but you need to go to your home country to get the visa stamped and reenter to start work. When you go for stamping to your home country there a a good chance that your stamping might be denied because you have shown 'intent to immigrate' by applying for 140/485 earlier. Granted, H1B in and of itself is a dual intent visa but you will be at the mercy of the visa officer at the consulate and the odds are stacked up against you.
So, be very very careful if you exercise AC21 prior to your 140 approval.
The best alternative is to ask your new employer to file for premium H1b transfer.
wallpaper Jennifer Lopez
traveldoc
09-24 08:28 AM
TheHulk,
That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about that.....no good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.
That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about that.....no good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.
surabhi
06-02 11:25 AM
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
Nothing would change. If any, it'd be for better I guess.
So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.
If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
Nothing would change. If any, it'd be for better I guess.
So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.
If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.
2011 Jennifer Lopez, her husband
Domino
04-25 06:46 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Well, yes, it was not a fun. I hired somebody and payed around $2000 and the guy send everything without enough documentation and did not write a good essay (actually only halp a page!!). So, of course, they requested additional evidence. Then, I took control and wrote an essay myself (about 10 pages) proving me valuable with supporting evidence materials like awards and local newspapers, programs etc.
Was approved very soon after submitting..
So, get a good attorney (proven to know exactly that kind of stuff) and save yourself TONS of frustrations. Good luck!
more...
snathan
02-17 09:14 PM
Thanks a lot snathan.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
Yes...if you get the approval, you can join the company B, anytime you want.
emploer A is still holding my H1b, they did not revoke it.
employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
H1b transfer.
The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.
please help me.
Yes...if you get the approval, you can join the company B, anytime you want.
smitin_2000
02-09 11:34 PM
Hi,
I have issue with I-94 as visa office at LA - LAX port of entry put a date in I-94 as same as in visa stamp in passport and not the date in the I-797 (extended H1B approval notice), I realised it 2months after the I-94 expiry, means while I was moved to Bay Area in CA, so I took infopass appointment from uscis.gov site for San Francisco office, went there and explained the matter to the visa officer, they corrected the error and issued me new I-94 with the date in I-797, you can also try the same, I think your issue will be fixed.
Best of luck
CBP office location link in CA
LA - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_south_pacific.xml
San Diego - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_s_ca.xml
San Francisco - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_mid_pac.xml
Regards,
Smitin
I have issue with I-94 as visa office at LA - LAX port of entry put a date in I-94 as same as in visa stamp in passport and not the date in the I-797 (extended H1B approval notice), I realised it 2months after the I-94 expiry, means while I was moved to Bay Area in CA, so I took infopass appointment from uscis.gov site for San Francisco office, went there and explained the matter to the visa officer, they corrected the error and issued me new I-94 with the date in I-797, you can also try the same, I think your issue will be fixed.
Best of luck
CBP office location link in CA
LA - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_south_pacific.xml
San Diego - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_s_ca.xml
San Francisco - http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/cmc_mid_pac.xml
Regards,
Smitin
more...
looivy
02-25 07:40 AM
Hi:
Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.
No.
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
Do you have any arrest record? DUI or anything like. If yes, theat may also lead them to issue administrative processing request.
No.
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
2010 Jennifer-Lopez_articleimage
pappu
12-10 02:03 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
more...
Kapils573
10-07 04:01 PM
Why do not u go to another License bureau and reapply and see what happens? If the other license bureau issues u Maryland license then take it.Also call up OHIO license bureau and ask them what does "non renewable/non transferable" actually mean and tell them the problem u are facing in Maryland. May be they will say something which will help u when u go to Maryland license bureau.
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
Actually, I took all my documents and initially I was issued Maryland driver's license then he saw this note and called his supervisor and his supervisor cancelled Maryland Driver's license and gave me back Ohio driver's license. May be its matter of whether someone looks your ohio driver's license carefully or not. but bottomline now, I am not able to get Maryland driver's license.
Should I goto different DMA? is it illegal if someone gave me Maryland license even though there is "non renewable/non transferable" written?
hair 2010 Jennifer Lopez and her
LongJourny
01-22 04:38 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
more...
ngodisha
08-15 08:35 AM
It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).
Will let you know if I find anything more.
Will let you know if I find anything more.
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as_rudra
10-25 01:58 PM
I have a related question for one of my friends.
If the I140 is approved and have already applied for I485. He is planning to extend the H1 based on the approved I140 for 3 years? then if something unfortunate happens to I485 then is H1 status still valid (on 7th year)? or since the H1 is based on pending I485 does it become invalid immediately?
Any inputs are appreciated.
Thanks
If the I140 is approved and have already applied for I485. He is planning to extend the H1 based on the approved I140 for 3 years? then if something unfortunate happens to I485 then is H1 status still valid (on 7th year)? or since the H1 is based on pending I485 does it become invalid immediately?
Any inputs are appreciated.
Thanks
more...
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Akia
03-25 08:48 AM
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
You must also look at the "actual wage."
Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?
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sandy_anand
08-11 02:06 PM
Good post, gave you green! Wish people would come forward to donate and/or volunteer.
more...
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tonyHK12
10-04 03:00 PM
. As you said we can take off the contribution from our gross for tax purpose
That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
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as_rudra
07-26 12:47 PM
You can change the address of you I-485 application online at
https://egov.uscis.gov/crisgwi/go?action=coa
I have done this when i moved at the end of May. I also recieved a confirmation mail that the address on my application has changed.
Hope that helps!
https://egov.uscis.gov/crisgwi/go?action=coa
I have done this when i moved at the end of May. I also recieved a confirmation mail that the address on my application has changed.
Hope that helps!
more...
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pappu
06-09 10:28 AM
My $50 (3626-8870-3772-9306) for this effort.
Thank you everyone for the contributions. While have still not met our target, we need to continue this funding drive for some time. We have to pay several outstanding bills associated with this event. It can only be done if all members contribute. Now that the event is over you can see the work we have done, see the photos and hear from others that came to DC how successful it was.
Let us push this thread and keep it on top.
Thank you everyone for the contributions. While have still not met our target, we need to continue this funding drive for some time. We have to pay several outstanding bills associated with this event. It can only be done if all members contribute. Now that the event is over you can see the work we have done, see the photos and hear from others that came to DC how successful it was.
Let us push this thread and keep it on top.
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GCScrewed
07-12 10:47 AM
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
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karanp25
08-11 12:00 PM
why would address change delay processing ur 485? This is the most ridiculous question ever asked. Inviting panic, for the heck of it....
just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
just make sure u have some overlap where u can receive mail on both addresses just to account for uscis delays in address update....they r not going to penalize u for moving.
Thanks for the idea, that would be helpful! For my question 1, beside the mailing delay, I am also concerned on the delay of USCIS processing of my I-485 case. I don't know their internal procedure. Should I be worried about this or no delay on the procedure?
Thanks.
sodh
07-27 04:43 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to
Go to USCIS site and download the G-639 form it has the address you can mail the FOIA request to
statuslaw
01-22 05:41 PM
Hello experts,
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
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