cnachu2
11-14 03:35 PM
Hi All,
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
I opened a service request with USCIS when my I485 was current in 09/08 and i got response saying that still investigation into my background remains open, so the case is not yet ready for decision. I filed my I 485 in August 2005 and in july 2007(then my file was current) also i was told that the background check is still going on.
Now we know that if it has been more than 180 days after we file I485, no need to wait for background check to process the petetion. My intention is to get my file out of this loop by the time PD becomes current. If any one had this issue and got it resolved, please advise me how i can handle it.
Thanks.
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satishm
08-18 09:40 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
Check with your attorney
NKR
02-14 03:33 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
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kishdam
02-22 10:17 AM
Hi,
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
more...
raj2007
04-02 09:22 PM
Hi Gurus,
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
pappu
11-20 12:05 PM
I am currently working for a company at Chicago,IL on OPT (Optional Practical Training) period which is of one year. I have graduated as Electical Engineer from NJIT,NJ this year and is authorized to work during the OPT. Unfortunately the OPT is ending on 11th February, 2007.
I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.
I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.
I shall be grateful to any one who could send in your valuable advise.
message by pappu: pls use descriptive title when you start a new thread.
I applied for H1B through the same company at Chicago but missed it as the CAP was closed by 28th August, 2006. Hence, I am currently working on the OPT work authorization.
I am aware that I will be out of status after February 11th at the end of my OPT tenure. I am planning to re-apply for H1 with the same company again well in time next year. As I will be out of status until I get my H1B application accepted and approved possibly by October'07, what are the best options available for me to legally stay here in USA with a valid status during the period until October 2007. Time is short and I needed to work out some thing quick.
I shall be grateful to any one who could send in your valuable advise.
message by pappu: pls use descriptive title when you start a new thread.
more...
ksrk
06-04 05:26 PM
Definitely a very helpful post - I am sure for many others too!
Reading through this, I couldn't quite figure the immigration requirements of the PAPs - appears that non-citizen residents of the US (NRIs) can also adopt - or am I missing something?
Reading through this, I couldn't quite figure the immigration requirements of the PAPs - appears that non-citizen residents of the US (NRIs) can also adopt - or am I missing something?
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485_spouse
06-07 01:09 PM
Ignore my question, found answer on following link
USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Helpful Hints
Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.
Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.
Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
- If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Helpful Hints
Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.
Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.
Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
- If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.
more...
gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
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greyhair
04-04 08:28 PM
Hi All,
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
more...
la_guy
06-27 06:43 PM
From immigration-law
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Does anyone face backlogs in getting medical examination? Please reply. Just Want to check the authenticity of this news?
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ameryki
04-22 09:20 PM
that is what the embassy has stamped on my old visa pages when I got a renewal visa stamped.
more...
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joydiptac
05-18 05:32 PM
My Green Card is stuck at EB2 Stage but all this time I forgot that I have potential for a British Citizenship based on my birth place and Father being a Britisher.
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
Now can I reapply as a Brit - all over again hoping to get past the long queue. I am not interested in gaming - dont get me wrong - I had been in UK for some 5-6years working and am easily eligible for to get UK Citizenship that I did not explore. Now can I change the situation ?
Hope you are posting your question for US immigration. (This site discusses US immigration)
As far as I know the country of chargeability is your or your spouse's birth country(Choice during I485 application) not based on citizenship. HTH
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wonderlust
07-30 01:28 PM
I don't have a lawyer. I will do the correction myself when I get the receipt.
Good luck to you.
Good luck to you.
more...
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askreddy
07-27 07:31 PM
Hi
Me and My family applied I485 here. Iam still working for my employer. Because of some issues we may need to go to India. And I wanted my green card to be processed from India.
Can you pls let me know how to change my I485 to Consular processing. Any documents I need from my employer Etc..
Thanks
Sree
Me and My family applied I485 here. Iam still working for my employer. Because of some issues we may need to go to India. And I wanted my green card to be processed from India.
Can you pls let me know how to change my I485 to Consular processing. Any documents I need from my employer Etc..
Thanks
Sree
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starscream
09-10 09:40 PM
Friends please see situation below:
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
more...
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ras
10-26 10:46 AM
am in the same boat
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08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
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seekinggc
06-19 01:53 PM
Please reply.
GlobeTrotter100
10-11 09:51 AM
H1 processing for 2nd time : First 6 yrs on H1 over!
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
asdcrajnet
07-06 06:14 AM
I am from India...Here are some details.
The travels in India will help a lot in these matters.
My parents got from ICICI. I also heard that Reliance is good to.
The insurance mainly covers the hospital charges in case of hospital admission. Not that great for office visits.
If the age is more than 60, the insurance is almost doubled..
The travels in India will help a lot in these matters.
My parents got from ICICI. I also heard that Reliance is good to.
The insurance mainly covers the hospital charges in case of hospital admission. Not that great for office visits.
If the age is more than 60, the insurance is almost doubled..
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