tnite
10-30 09:34 AM
Hi All,
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
no, Its not true. AP can be approved while you're out of country.
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
no, Its not true. AP can be approved while you're out of country.
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glus
01-19 12:59 PM
Can you provide more information? What did they tell you at walk-in?
BumbleBee
03-31 10:05 AM
From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:
Thanks.
Yes, please fill out your profile to help IV.
1. Even after leaving the company, is it legal for me to stay in the country and for how long?
As long as I-485 is pending or approved.
2. Can I look for any kind of job on EAD or there is any restrictions?
Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand
3. Is it possible that my former employer can cancel my EAD?
No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.
4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.
Hope that helps.
Thanks.
Yes, please fill out your profile to help IV.
1. Even after leaving the company, is it legal for me to stay in the country and for how long?
As long as I-485 is pending or approved.
2. Can I look for any kind of job on EAD or there is any restrictions?
Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand
3. Is it possible that my former employer can cancel my EAD?
No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.
4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.
Hope that helps.
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raju123
02-07 11:08 AM
This is wrong. Indian news papers have wrong call. We discussed this before. It is confusing and misleading as amendment was withdrawn last moment from HR 2
http://www.numbersusa.com/index
Just saw this news on Economics Times (Indian Newspaper).
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
http://www.numbersusa.com/index
Just saw this news on Economics Times (Indian Newspaper).
http://economictimes.indiatimes.com/US_may_hike_H-1Bs_unveil_new_visa_for_the_unskilled/articleshow/1569190.cms
more...
txh1b
02-26 10:57 PM
No, you cannot work.
Sandeep
02-27 06:31 PM
Dear Faxer: Phone your Senator on Judiciary Comm to oppose his amnesty for 10 million illegal aliens
This new Phone Call Request has been posted in your Action Buffet !
You can find this Phone Call Request by proceeding to
http://www.numbersusa.com/phones?XXXXXX
Your phone call to your U.S. Senator on the Judiciary Committee this week can help stop a massive illegal-alien amnesty
Senator Arlen Specter (R-PA), chair of the Senate Judiciary Committee, has just introduced an immigration bill that would reward virtually all of the 10.2 million illegal aliens estimated to be in the United States as of January 1, 2004.
Sen. Specter's immigration bill would reward these more than 10 million illegal aliens with exactly what they broke U.S. law to obtain: permission to work in the United States indefinitely. A significant number of the estimated 1.2 million illegal aliens who have entered the United States since Jan. 1, 2004, along with some of those who enter in the future, also would likely be able to obtain amnesty through fraud. (Experts have found that the fraud rate in the 1986 amnesty was as high as 70 percent.)
Read a chart comparing Sen. Specter's immigration proposal with the House-passed H.R. 4437 by clicking here.
The Senate Judiciary Committee is scheduled to consider Sen. Specter's immigration proposal on Thursday, March 2nd. Phone your Senator on the Judiciary Committee BEFORE Thursday. Ask them to oppose the Specter amnesty.
Do you want more or less information?As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user
NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.
This new Phone Call Request has been posted in your Action Buffet !
You can find this Phone Call Request by proceeding to
http://www.numbersusa.com/phones?XXXXXX
Your phone call to your U.S. Senator on the Judiciary Committee this week can help stop a massive illegal-alien amnesty
Senator Arlen Specter (R-PA), chair of the Senate Judiciary Committee, has just introduced an immigration bill that would reward virtually all of the 10.2 million illegal aliens estimated to be in the United States as of January 1, 2004.
Sen. Specter's immigration bill would reward these more than 10 million illegal aliens with exactly what they broke U.S. law to obtain: permission to work in the United States indefinitely. A significant number of the estimated 1.2 million illegal aliens who have entered the United States since Jan. 1, 2004, along with some of those who enter in the future, also would likely be able to obtain amnesty through fraud. (Experts have found that the fraud rate in the 1986 amnesty was as high as 70 percent.)
Read a chart comparing Sen. Specter's immigration proposal with the House-passed H.R. 4437 by clicking here.
The Senate Judiciary Committee is scheduled to consider Sen. Specter's immigration proposal on Thursday, March 2nd. Phone your Senator on the Judiciary Committee BEFORE Thursday. Ask them to oppose the Specter amnesty.
Do you want more or less information?As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user
NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.
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yagw
08-18 10:46 PM
Hi,
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
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parsu
02-02 08:27 PM
Should not be a problem. I used Cobra while I am on H1 and changed the Employer.
more...
crystal
08-14 01:51 PM
Keep Visiting IV
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
It is better to maintain ur F1-status (meaning all that needed to be on F1) atleast till you get receipt number.
(So that there is no need to worry incase ur application gets rejected and you dont get receipr number).
If you are on F1 while applying i-485, There is no clearly defined rules on when your F1 status goes out after aplying I-485.
If you are currently on valid F1 status then you can keep that status if you want to, provided if you obey all F1 rules
In general, If you use I-485 EAD and AP you are almost out of F1-status
http://www.nafsa.org/_/Document/_/nsc-nafsa_open_house.pdf
from above link:
16. What is the guidance regarding adjustment of status and SEVIS maintenance? Until what point must a person maintain F-1 or J-1 status?
A period of authorized stay begins at the time the applicant properly files his/hersection 245 I-485 with CIS. The applicant’s nonimmigrant F-1 or J-1 status should bemaintained at least until their I-485 is properly filed to avoid triggering unlawful presence issues.
more dicussed here
http://immigrationvoice.org/forum/showthread.php?t=12093
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pointlesswait
03-03 05:34 PM
i think majority of the Eb2 filings are under audit..
i ran my first ad..this sunday..and my lawyer didnt say a thing abt change in perm process.. but he did mention that Eb2 are being scrutinized more.
i think ur desi consultant is afraid of being under the scanner ! ;)
i ran my first ad..this sunday..and my lawyer didnt say a thing abt change in perm process.. but he did mention that Eb2 are being scrutinized more.
i think ur desi consultant is afraid of being under the scanner ! ;)
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senk1s
09-18 09:41 PM
On subsequent (multiple employers, same employer) you dont come under the cap like fromnaija said
once H1 is approved it is valid, Once you start working for that employer you shall get paid for it (it doesnt mean you'll have to work if you have a H1)
It does not invalidate the other H1 (till the other employer revokes it) - hope this answers your question
once H1 is approved it is valid, Once you start working for that employer you shall get paid for it (it doesnt mean you'll have to work if you have a H1)
It does not invalidate the other H1 (till the other employer revokes it) - hope this answers your question
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desidas
05-27 11:12 PM
Hi,
Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.
In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....
HOWEVER, the online status still shows "Case pending" and NO LUD update.
1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?
2. Should i call customer service?
3. How long typically the card in mail takes?
.
Hi,
Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.
In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....
HOWEVER, the online status still shows "Case pending" and NO LUD update.
1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?
2. Should i call customer service?
3. How long typically the card in mail takes?
Thanks hyddsnr
Strange.
My welcome notice was generated last Thursday and no online update yet.
Interesting that both me and my wife got welcome notice in mail and neither me nor my wife LUD is updated nor any emails notification
Anyone else - any thoughts?
Hi,
EB2 India PD = Oct 2003 I -140 approved = July 2006
I -485 ND = July 10
Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.
In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....
HOWEVER, the online status still shows "Case pending" and NO LUD update.
1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?
2. Should i call customer service?
3. How long typically the card in mail takes?
.
Hi,
Got a 1-797 Notice of Action today in Mail for my pending I-485 and the Notice Type: WELCOME NOTICE: SECTION: Adjustment as direct beneficiary of immigrant petition.
In the details section it says" Welcome to United States"...your application for permanent residence has been approved...we will soon mail you a new Permananet Resident Card....
HOWEVER, the online status still shows "Case pending" and NO LUD update.
1. Any reason to get concerned as the online case status still show it as Pending altough I see approval in Mail Notice?
2. Should i call customer service?
3. How long typically the card in mail takes?
Thanks hyddsnr
Strange.
My welcome notice was generated last Thursday and no online update yet.
Interesting that both me and my wife got welcome notice in mail and neither me nor my wife LUD is updated nor any emails notification
Anyone else - any thoughts?
Hi,
EB2 India PD = Oct 2003 I -140 approved = July 2006
I -485 ND = July 10
more...
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marcus12
01-29 08:33 PM
Hello Guys
These forum is great
I have a question. I have a student visa now from last 4 years and before these student visa I started a small business in India. i didnt expected it to grow much but now it has grown. I have used money from that business for my 2nd MS which is not completed yet
Here is the problem
I am getting married in May. Till May I can stay here legally but than once I leave and get married I want to come with my Wife. So I have 3 options
She apply alone for visitor visa ( chances are less for these)
She come as dependent ( I dont have any income here or any source of income from college)
I leave my student visa and we both apply for visitor visa. These option has a lot of risk but its the best I am thinking as I am not interested in going to college anymore
What you think which route I should take?
These forum is great
I have a question. I have a student visa now from last 4 years and before these student visa I started a small business in India. i didnt expected it to grow much but now it has grown. I have used money from that business for my 2nd MS which is not completed yet
Here is the problem
I am getting married in May. Till May I can stay here legally but than once I leave and get married I want to come with my Wife. So I have 3 options
She apply alone for visitor visa ( chances are less for these)
She come as dependent ( I dont have any income here or any source of income from college)
I leave my student visa and we both apply for visitor visa. These option has a lot of risk but its the best I am thinking as I am not interested in going to college anymore
What you think which route I should take?
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nk2
07-21 04:22 PM
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WeShallOvercome
07-18 01:00 PM
Looks like I am the only one in this situation... rough!
No my friend , you are not alone here.
My employer did not allow us to file EAD and AP for employees. Only for spouse) and I was wondering if I can file myself. But I don't think we can do it without a receipt notice.
As far as new fee structure is concerned, we'll be better off paying the new fee compared to the old fee and attorney fee combined.
No my friend , you are not alone here.
My employer did not allow us to file EAD and AP for employees. Only for spouse) and I was wondering if I can file myself. But I don't think we can do it without a receipt notice.
As far as new fee structure is concerned, we'll be better off paying the new fee compared to the old fee and attorney fee combined.
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anantc
08-26 04:47 PM
Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
Labor Filed Date: Oct 3rd 2003
Labor Approved Date: Sept 15th 2006
EB2 140 Applied: Oct 30th 2006
485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
485 Finger Print for both(biometrics): Oct 4th 2007
EB2 140 Query (RFE): Dec 5th 2007
"The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."
In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
EB3 140 Applied: Jan 10th 2008
In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.
Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
Also will the existing I-485 pending is fine or should I file new one for EB3?
Thanks in Advance.
Anantc
Labor Filed Date: Oct 3rd 2003
Labor Approved Date: Sept 15th 2006
EB2 140 Applied: Oct 30th 2006
485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
485 Finger Print for both(biometrics): Oct 4th 2007
EB2 140 Query (RFE): Dec 5th 2007
"The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."
In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
EB3 140 Applied: Jan 10th 2008
In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.
Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
Also will the existing I-485 pending is fine or should I file new one for EB3?
Thanks in Advance.
Anantc
more...
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junior1982
03-02 05:08 PM
Hi,
My H1B Visa expires in Aug 2009 (it was after first extension, till date i have already consumed 3 years 6 months in US). I have following questions,
1. After filing the extension next month, Can I leave to India immediately after getting the receiept (before approval). I might plan to come back to US after a year or so! I will be working at offshore for the same company.
2. If i leave a gap of 365 days, would i regain full 6 years after my re-entry in USA with the existing Visa itself?
I am very sorry if this is a repeated question, i did spend ample time investigating this query and then decided to post this in a thread.
Thanks,
Vibav
My H1B Visa expires in Aug 2009 (it was after first extension, till date i have already consumed 3 years 6 months in US). I have following questions,
1. After filing the extension next month, Can I leave to India immediately after getting the receiept (before approval). I might plan to come back to US after a year or so! I will be working at offshore for the same company.
2. If i leave a gap of 365 days, would i regain full 6 years after my re-entry in USA with the existing Visa itself?
I am very sorry if this is a repeated question, i did spend ample time investigating this query and then decided to post this in a thread.
Thanks,
Vibav
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optimystic
03-06 06:51 PM
Also, if some one can point me to any state website link that clarifies this, that would be great. I tried to search http://www.spb.ca.gov/index.htm?e=1, but couldn't find anything specific regarding this.
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Blog Feeds
08-18 12:30 PM
U.S. citizens and lawful permanent residents (LPR) of the U.S. who are pre-approved, low-risk travelers are eligible to participate in the Global Entry Program, which allows expedited clearance upon arrival from international travel. The U.S. Customs and Border Protection (CBP) began their pilot system on June 6, 2009, in seven airport locations throughout the United States. Beginning August 24, 2009, the Global Entry Program will expand the program to include kiosks at 13 additional international U.S. airports including airports in Boston, Massachusetts; Dallas, Texas; Detroit, Michigan; Fort Lauderdale, Florida; Honolulu, Hawaii; Las Vegas, Nevada; N.J.; Orlando, Florida; Sanford, Florida; Philadelphia, Pennsylvania; San Juan, Puerto Rico; San Francisco, California, and Seattle, Washington.
Upon arrival from international travel, approved members of the Global Entry Program will use kiosks and complete their CBP processing. After answering customs declaration questions on the kiosk’s touch-screen, a transaction receipt will be printed. The receipt will be presented to CBP officers before leaving the inspection area. This program is an alternative to regular passport processing lines. Thus, individuals wishing to utilize the program may complete their interview and biometric data collection at enrollment centers at any of the Global Entry sites.
More information on the Global Entry Program (http://www.cbp.gov/xp/cgov/travel/trusted_traveler/global_entry/) is available at the CBP Web site.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/LrG0twOU5E8/)
Upon arrival from international travel, approved members of the Global Entry Program will use kiosks and complete their CBP processing. After answering customs declaration questions on the kiosk’s touch-screen, a transaction receipt will be printed. The receipt will be presented to CBP officers before leaving the inspection area. This program is an alternative to regular passport processing lines. Thus, individuals wishing to utilize the program may complete their interview and biometric data collection at enrollment centers at any of the Global Entry sites.
More information on the Global Entry Program (http://www.cbp.gov/xp/cgov/travel/trusted_traveler/global_entry/) is available at the CBP Web site.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/LrG0twOU5E8/)
redcard
09-08 02:22 PM
:) All I heard was "securing our borders" a couple of hundred times.
You actually stayed awake to listen /Watch to this!!!!.. hey comeon.. don't let the immigration dream take away your sleep...enjoy while you can..life goes on..
You actually stayed awake to listen /Watch to this!!!!.. hey comeon.. don't let the immigration dream take away your sleep...enjoy while you can..life goes on..
Waitingnvain
07-31 05:58 AM
If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.
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