sab
11-01 06:25 PM
I have filed for I-485. I am also extending my H1B. I have an approved I-140. Can I extend for 3 years? Or is it just 1 year assuming my 6 years are completed.
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Bytes4Lunch
08-17 11:07 AM
What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
lonedesi
07-27 12:35 PM
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
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prasadn
02-04 05:10 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
Use the same application procedure as though applying for a new EAD, but make sure you check the box where it says "replacement of lost EAD". Also, write a cover letter explaining that you need a replacement EAD. I had to go thru this just a couple of months ago and USCIS reissued the EAD within a month.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
Use the same application procedure as though applying for a new EAD, but make sure you check the box where it says "replacement of lost EAD". Also, write a cover letter explaining that you need a replacement EAD. I had to go thru this just a couple of months ago and USCIS reissued the EAD within a month.
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Leo07
11-09 11:17 PM
I appreciate it.
nonimmi
06-12 04:44 PM
I know most us are victim of immigration lawyers in this GC mess. They with company's help exploit our situation. You may want to use this website rating those useless lawyers.
http://www.avvo.com/
http://www.avvo.com/
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longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
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kodey7
12-10 12:00 PM
Thanks beuhler.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
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paritp
06-24 01:29 PM
I applied my EAD e-filed Nebraska service center on June 18th and got my FP notice on June 22nd.
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EkAurAaya
08-18 10:21 AM
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
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eilsoe
10-09 08:03 AM
why not?
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vnsriv
05-13 10:42 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
I am doing the same this month.
__________________
I am doing the same this month.
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EkAurAaya
07-29 10:45 AM
i emailed you some info!
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10-19 09:08 AM
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raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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GoGetGC
02-19 09:49 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
Can you please suggest if i can file now or is there really a timeframe before we file?
Sorry forgot to mention, I have approved I140.
Thanks for your time and suggestion!
GoGetGC
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zamoo
09-29 11:48 AM
If you indeed resign, there can be trouble..."luck factor" might pay a role.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
But, I'm wondering why would you want to resign ? As long as your employer is a reasonably big one and has HR rules, you might be able to take FMLA...I think that can go for as long as 6 months. You will not get paid for a lot of it (depending on you leave balances). But, you will remain employed. And, you can work with your HR and legal folks to arrange a better alternative than resign.
Now, if your employer is a small place, then its all "it depends" thing...
Good luck...see to it that you don't extreme measures unless absolutely needed.
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bayarea07
07-21 09:26 PM
can anyone please respond to my query above.
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markeh
10-13 07:03 AM
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thanks for the reply :tini:
thanks for the reply :tini:
techbuyer77
06-19 12:28 PM
I guess it gives you an idea how efficiently they work
frostrated
12-01 11:22 AM
hello folks..
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
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