gauravsh
05-04 10:36 AM
I assume you haven't filed your I 1485 yet.
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
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maddipati1
01-08 02:23 PM
i dont think u ever need to change the lastname.
may i know when do u think the lastname need to be changed?
may i know when do u think the lastname need to be changed?
chanduv23
03-20 03:39 PM
yes, looks like a lot of things are going on. before the bill hits the floor, a lot of workarounds, changes etc..... everything happening in closed doors
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bazuka6
09-24 01:36 PM
Hi,
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
Can't do it. Employment start date with non-gc employer(your current employer) is prior to 180 days from when 485 was filed
They'll deny the 485
I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?
Please let me know. Thanks for your help.
Can't do it. Employment start date with non-gc employer(your current employer) is prior to 180 days from when 485 was filed
They'll deny the 485
more...
nirupama.reddy90
01-21 05:11 PM
Your post is confusing. If you got laid off, how come you are on job as yet?
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
Hi All, Thanks for comments and suggestions.
I am sorry while i was writing my initial post i missed adding NOT,
"As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "
Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).
As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?
Sorry for getting u all confused with my first post.
Thank you
Niru
Have you found a new job? Are you working on new H1 or EAD?
Please clarify before I can answer wisely.
Hi All, Thanks for comments and suggestions.
I am sorry while i was writing my initial post i missed adding NOT,
"As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "
Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).
As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?
Sorry for getting u all confused with my first post.
Thank you
Niru
wandmaker
09-10 11:58 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because
1 - you used your tourist visa to find work
2 - you have overstayed your I-94
USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because
1 - you used your tourist visa to find work
2 - you have overstayed your I-94
more...
GCBy3000
05-06 11:47 AM
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
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mmanurker
09-25 04:45 PM
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.
more...
rameshk75
08-15 09:37 AM
Thanks for your replies.
What will happen to the 140? Do they need to file for any amendment?
What will happen to the 140? Do they need to file for any amendment?
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eagerr2i
07-16 11:40 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
more...
lazycis
01-30 12:14 PM
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
Actually, it's better to change job before you get a GC because you suppose to have intention to work for GC-sponsoring company after you get GC.
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abracadabra
05-30 02:22 PM
The window closed automatically, no luck
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vikki76
09-19 03:00 AM
I am planning to book tickets for my parents travelling from India to US and returning back to India after 2 months. I have some questions:
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
you can book from expedia/orbitz. We recently booked on American Airlines for parents.
1) Is it necessary to book tickets in India?
2) If not, Can I book tickets through orbitz or expedia in the US and send them the e-tickets?
Please reply with your experiences.
Thanks in advance!
you can book from expedia/orbitz. We recently booked on American Airlines for parents.
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desi485
01-08 12:55 PM
My employer has not provided copy of labor or I-140.
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
more...
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gcisadawg
09-09 11:38 PM
To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
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satishku_2000
08-10 03:18 PM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
more...
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ganguteli
07-16 09:35 AM
Hi,
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
How can you and your attorney be so careless?
If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.
But my question to attorneys on this forum is this:
How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.
But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.
I want to also know what you think about this and how one should complain.
Thank you.
I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:
I-140 approved in 2007
I-1485 in August 2007
Received RFE in May 2009. The RFE had two parts to it that are as follows:
Part 1: Request for Evidence for Birth
Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations
When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.
Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.
What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.
Thank you in advance to those who respond.
How can you and your attorney be so careless?
If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.
But my question to attorneys on this forum is this:
How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.
But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.
I want to also know what you think about this and how one should complain.
Thank you.
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amsgc
06-20 12:05 AM
gondal, paskal
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
I have a question, if you don't mind answering:
I understand one can apply for adjustment of status on F1, J1 etc. How does it affect your J1 status? I know someone who is on J1 visiting student and considering applying for I-485 as a dependent. Will it adversely affect their adjustment of status application/EAD/AP. Or, will it invalidate their J1.
Request you to please respond as my understanding is limited.
Thanks.
Ams
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chi_shark
07-07 05:58 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
that, my friend, is a million dollar question!
that, my friend, is a million dollar question!
miguy
07-22 11:40 AM
Please check my question in blue below
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
Fitz,
Following is some clarification that I got from my Lawyer..
1) Will there be any problem if I am not able to make it back on Oct-1st, due to any unforeseen reason, If 485 is already received by USCIS and pending?
a) You need to be physically present here when I-485 is filed. After that, it doesn't matter where you are. At some point you may be scheduled for fingerprinting, but you will likely have months for that.
Is this true? So, you don't have to be in US during the entire process of I-485 application?
2) If we leave on TN after filing AOS is there any chance that USCIS will consider the AOS request abandoned even if we return on Oct-1st in H status?
a) An I-485 can't be abandoned simply because you left the USA
3) Once we file 485 do we need to wait for the receipt before traveling abroad?
a) No.
IneedAllGreen
06-21 04:51 PM
Since this thread is open and dont want to wast resouce on new thread. I want to ask people those who had already filed 485/EAD/AP that did anyone has taken photos at Walgreens.
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
^^^^^^^ bumping up
I am getting $7.99 for taking 2 photos at Walgreens($48 for 2person with 6 photos deal) in Milwaukee. Whereas in Kinko's I am getting deal of $13.50 for first 2 photo and rest 4 photos for $13.50 ($54 for 2 person with 6 photos deal) in Milwaukee city area.
Now question besides money I want to know which one is worth taking chance for taking a picture interms of quality.
Thanks
INeedAllGreen
^^^^^^^ bumping up
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