My husband and I are July 2 Neb transfer to TX and we got approval email on 8/1. PD is 2005 Dec.
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Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.
6 months
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Im on my 8th year on H1. still stuck in Labor :(
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
My company is giving me a promotion and a raise in salary. Do i have to inform Labor about any of this ??!!
First of all I am not going to judge you by your actions because I do not know the full story of why you did it.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
Now coming back to your question. There are few things you need to do.
1) Talk to a reputed immigration attorney. Take consulting time and tell them the whole story honestly they are the best people to guide you
2) As far as I can tell you out of status triggers a bar of 10 years on immigration to US. Perhaps if your wife can least get out of country and come back (re-enter) into the country on a valid visa then after admission perhaps you can take advantage of 245 (k) clause that counts OOS from last lawful admission for GC processin, but there is a chance that she might be denied entry if CBP officer can see her OOS in the system for some reason.
My advice is what ever you do make sure you consult an attorney and not some friend or some one from a forum. You have already made situation difficult do not make it any worse.
I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
The reason i'm getting nuts for 140 approval because i can't safely switch to a EAD or get a Longer duration H1B ( 3 yrs after 140 approval). I'm in major Limbo with some other folks at NSC for last 13 months just for a EB3(140) - My friends got approval in 6-8 months from TSC or if its a EB2(140) at Nebraska.
See my other post asking ideas to break this stalemate.
http://immigrationvoice.org/forum/showthread.php?t=19534
You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension
The reason i'm getting nuts for 140 approval because i can't safely switch to a EAD or get a Longer duration H1B ( 3 yrs after 140 approval). I'm in major Limbo with some other folks at NSC for last 13 months just for a EB3(140) - My friends got approval in 6-8 months from TSC or if its a EB2(140) at Nebraska.
See my other post asking ideas to break this stalemate.
http://immigrationvoice.org/forum/showthread.php?t=19534
You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension
if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.
Thanks you pointed me in the right direction... very interesting its called FIRPTA
http://www.irs.gov/businesses/small/international/article/0,,id=105000,00.html
Anyone investing in Real estate should read this
Thanks you pointed me in the right direction... very interesting its called FIRPTA
http://www.irs.gov/businesses/small/international/article/0,,id=105000,00.html
Anyone investing in Real estate should read this
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Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
Anything can happen with USCIS. But i think the position's MINIMUM req is BS+3 years exp and that is EB3.
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
Anything can happen with USCIS. But i think the position's MINIMUM req is BS+3 years exp and that is EB3.
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What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
Congratulations !!!
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We will forget many legal requirement after getting GC due to the excitment.
But we need to do these things to finish our GC journey.
Thank you for this information. Never realized that this should be done.
But we need to do these things to finish our GC journey.
Thank you for this information. Never realized that this should be done.
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Thanks Jayant,
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.
Regards
Raj
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thank you for giving me confidence...did u do e-file?
I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...
It sounds like they are processing fast..dont panic keep hope!! Give it some time..
------------------------
EAD/AP renewal--TSC
I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...
It sounds like they are processing fast..dont panic keep hope!! Give it some time..
------------------------
EAD/AP renewal--TSC
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The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
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As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.
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USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Welcome to the Weird World of USCIS where there are no rules to be followed.
Welcome to the Weird World of USCIS where there are no rules to be followed.
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My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
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Anti immigrants alerted politicians that giving EAD will flood job market and they must do something to stop this.
Politicians do not want to lose votes in election - so they place orders to agencies to do thiss. Agencies though it is unethical must listen to politicians. Thats why they take the shot.
Politicians do not want to lose votes in election - so they place orders to agencies to do thiss. Agencies though it is unethical must listen to politicians. Thats why they take the shot.
http://www.murthy.com/chatlogs/ch051407_P.html
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
Thanks
Thanks
