Ramba
08-20 06:52 PM
As she yet to file 485, it is important for her to keep the valid non-immigrant status till she files AOS. Yes, she can go for F1, if you plan to use EAD and abandon your non-immigrant status. Unless your H1 transfer is approved, her H4 will not get extended. Therfore don't worry about the extension. File F1 ASAP,
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sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
xlr8r
09-28 09:31 AM
I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
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Contributed $200 towards advocacy.
It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.
Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?
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Contributed $200 towards advocacy.
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kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
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Nabeel
10-26 04:34 PM
I think one should have a valid reason to Travel abroad on AP but IO can ask this question at your port of entry. So my understanding is one can apply for AP but should have valid reason to use it (travel) and should be able to satisfy IO at port of entry if they bring this question at your entry. I do not remember if we have any place on AP form to explain the reason to apply for AP.
casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
more...
javadeveloper
05-26 04:57 PM
What is the logic to deny 485(EB3) if 140(EB2) gets denied?
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insbaby
11-12 03:05 PM
As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
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wandmaker
12-07 12:33 AM
Moral of the story : take passport for FP, infopass, etc. all the time.
It will definitely help many of our fellow IV-ans.
It will definitely help many of our fellow IV-ans.
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kshitijnt
03-04 05:05 PM
congrats buddy. Atleast some good news in a string of bad ones :)
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scorpioduo
04-16 03:58 PM
EscapeVelocity - I do not have a link to an official docuemnt but it is possbile subject to time availabel on your H1. - The amendment takes the same steps like a new H1 but is not subject to a CAP.
I agree with GC Struggle here....
I agree with GC Struggle here....
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jasmin45
07-16 07:01 PM
It was worth a try. Oh well !
Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
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Munna Bhai
12-03 12:24 PM
Anyone with a detailed answer like logiclife spelled out here?
No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.
No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.
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jonty_11
05-21 05:47 PM
You think its that easy to swing it our way with DEMS in power.....aint happenning.
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yabadaba
05-25 08:21 AM
SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 345, between lines 5 and 6, insert the following:
(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--
``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.
``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--
``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).
``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to read as follows:
``(4) MAINTENANCE OF INFORMATION.--
``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).
``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection
[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
On page 345, between lines 5 and 6, insert the following:
(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--
``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.
``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--
``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).
``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to read as follows:
``(4) MAINTENANCE OF INFORMATION.--
``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).
``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection
[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
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nozerd
02-01 12:59 PM
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
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jjjun
10-02 12:39 PM
I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.
Thanks
Thanks
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frostrated
10-26 02:07 PM
EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.
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hpandey
06-25 09:39 AM
What GLUS said is right but the problem is that it was lost 15 years back . There might not be computerized records from that time or if by luck there are they must be archived that there would be no way to retreive them.
Try harder to get any kind of records that you or your lawyer or anyone else in your family might have as additional proof.
And file for the documents as mentioned above . God knows you might get lucky !
Try harder to get any kind of records that you or your lawyer or anyone else in your family might have as additional proof.
And file for the documents as mentioned above . God knows you might get lucky !
h1-b forever
05-11 10:48 AM
yes, i did receive my ead card for 2 years renewed. here is the part that every one will be surprised and will like is that, this time, they gave my ead renewal starting from the date that it will expire this year. it usually used to be from the date they process the ead renewal application, in which case, we usually use some months since we will apply 2-3 months earlier. atleast this time, we are getting the bang for the buck, since i am reasonably confident that, i have atleast full 2 years of wait to receive my GC (my pd is jan 2003). keep in mind i am a highly optimistic person for the above confidence. though the reality is i may need to wait atleast 5-6 years before i get my GC. i am not kidding and i am serious abt this.
This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?
This is good news. When did you apply and where did you apply for EAD? Are you considering to going to DC on June 7 and 8?
cdeneo
03-25 09:36 PM
Is delivery confirmation possible for PO Box addresses?
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
I used Fedex Ground , just a tad more expensive than USPS Priority ( if you add all delivery confirmation etc etc ).
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