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amsgc
06-15 12:24 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
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tabletpc
11-09 03:52 PM
Vikki76,
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
blacktongue
10-05 10:30 AM
If you want the best
Go to Kashmir. I have seen the pictures and it is beautiful in India. Jammu & Kashmir Tourism (http://www.jktourism.org/)
Or come to China. Tourism in China - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Tourism_in_China)
You will like it.
Go to Kashmir. I have seen the pictures and it is beautiful in India. Jammu & Kashmir Tourism (http://www.jktourism.org/)
Or come to China. Tourism in China - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Tourism_in_China)
You will like it.
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Desertfox
12-12 07:03 PM
This is hilarious.....lmao
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
more...
saps
03-16 06:44 PM
On a second thought, since your spouse is filing through ROW, he/she will get his/her greencard faster than you so yeah, you can use your's spouse's I-140 approval and PD to file as a dependent on that application. So please ignore my previous post. I am not aware how I-140 interfiling is done for husband and wife so won't be able to help much on that.
Sorry for the confusion.
Sorry for the confusion.
anu_t
07-06 05:38 PM
Yes, only if approved I-140 is not withdrawn or canceled before new I-140 approval.
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
If you are in AC21 safety net then you can recapture PD (after 180 days of 1-485 filing) even if your initial sponsoring employer withdraws his initial I-140.:o
Veni001 , you are again giving the wrong information. I have just talked with my lawyer about this.
The Pd is yours in any circumstances I 140 revoked or not.(except substitution labour case and fraud case).
more...
americandesi
03-13 05:34 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
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nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
more...
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07-31 06:02 PM
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shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
more...
dollar500
04-10 11:39 AM
AFAIK it's not published yet. Also it's two years extension which is under review not three years.
Good luck
Good luck
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pleaseadviseme
09-22 06:45 PM
Any advise would be great of help. Thank you so much guys.
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gccovet
06-17 04:07 PM
What happens if I transfer my H1B from A to B (A has concurrently filed I140/485, >180 days, I 140 NOT approved). Can I have B do AC21 after I 140 from A gets approved (may take 4-5 more months) ? Do I HAVE to be with employer "A" till I 140 gets approved? (employer A does not intend to revoke I 140...and I understand there is a risk if ther is an RFE on I 140 during this period)
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
Thanks
If Company A does not withdraw -140 then you are in good shape. But if A withdraws, you have to start all over again.
TO be on AC-21 (EAD) you just have to get new I-9 to 'B' and (your choice) send letter to USCIS.
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Kodi
07-06 01:31 PM
If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
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02-15 01:22 PM
Thanks to everyone who replied.
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ssingh92
01-08 11:57 AM
"same geographical area" what does it mean. In US or in the same State or the 200 mile radius from your company head qtr. You need to contact a good attorney.
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la_guy
06-02 02:39 PM
You can buy a ticket, which has a hard return date after six months. After they come here, you can again reschedule earlier or later. I know cathay pacific allows to reschedule any number of times for free...
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ata1234
07-14 12:22 PM
Receipt Number: lin0720551219
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice .
Whoever it is, they are lucky! All the best!!
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice .
Whoever it is, they are lucky! All the best!!
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sharma258
02-10 03:44 PM
Hi Guys,
please let me know how long we need to stay with sponsoring employer after getting GC.
Thanks
please let me know how long we need to stay with sponsoring employer after getting GC.
Thanks
GCwaitforever
09-22 04:16 PM
So can I ask my colleague to send me a notarized experience letter ?
Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.
Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.
Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.
Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.
wandmaker
11-16 11:36 AM
Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.
Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?
Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?
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