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  • kondur_007
    08-25 10:58 AM
    As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

    I agree with wandmaker above.

    Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.

    If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.

    You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.

    Trust me, this is a scenario where you really want the help from a good attorney.

    Good Luck.





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  • nixstor
    02-23 02:33 PM
    What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?

    Shirish,

    I guess you are in VA. My wife is in School at Mason. She is on H-4 as well. Send me an email or call me if you need more info regarding this. I can give you more info if this is with regards to Mason.





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.





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  • reddymjm
    05-21 04:46 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.

    If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.



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  • hiralal
    06-15 10:09 PM
    I have a quick question though it is not related to family petition.
    what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
    does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
    In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).

    Thanks





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  • Texascitypaul
    02-23 04:24 PM
    I just like to add that if your wife is not making enough money, then you have to find someone who can provide affidavit of support along with the filing of green card for you.

    1. You are entitled to file adjustment of status application.
    2. Affidavit of support is required for anyone who files green card application.

    Good luck.

    Just to clarify

    I can file for AOS even though i am well over my 194 and came in under the VWP from the uk?
    Finding a sponsor for me would not be difficult though i was led to believe it had to be my spouse is this not the case?

    Thankyou very much for your response it is much appreciated

    Paul.



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  • greenguru
    03-31 03:00 PM
    Thanks all for your help and great inputs. IV has helped me a lot.

    I wish you all the best ...

    TKs, GG





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  • raj2007
    02-18 07:12 PM
    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?

    I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.



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  • ivgclive
    04-13 04:56 PM
    It is not a joke.

    It happens to one guy last week.

    My friend knows it for SURE.

    He is working for a software company and that was the first time he traveled to US on a H1B visa.

    As soon as he landed in JFK, the immigration officers (4 of them) went to him and gave him "Green Card".

    No PERM :rolleyes:, No I-140 :rolleyes: and No-I-485 :rolleyes:.

    How is that?

    PS: On the same day they ordered "Expedited Removal and 50 Years Bar" and sent him back. He left US happy with his "Green Card".





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  • willIWill
    07-16 01:06 PM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?
    Chi_shark,

    Here is the second point 'verbatim':

    2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

    • Copies of both sides of your Form 1-94 Arrival/Entry Document;

    • Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

    • Copies of both sides of your Form IAP-66;

    • Copies of any Form 1-797 approval notice/notice of action;

    • Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

    • Copies of any and all Employment Authorization documents issued to you by this Service.

    Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

    Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.



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  • MannyD
    10-02 03:04 PM
    But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.

    Crudely stated, I94 indicates the date by which you ought to leave US and is given to you when you land in the US - so you will have a new I94 number every time you enter US. I don't think you should bother about more than two I94s at any time. One will be the one on your passport and the other in your newest H1B approval in case you have an approval after your entry into US. Let's say you are one of the "happy" folks who have to extend H1B every year: So here, when you leave US you submit the I94 from the H1B approval document (I797) that you'd be using to get your visa stamped abroad. When you land you'd get a new I94 that's valid until the date in the I797 (= visa expiry date now in your passport).





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  • mysticblue
    08-17 01:57 AM
    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.

    Thanks for the valuable inputs.

    Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.

    1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
    2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?



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  • h1b_tristate
    07-28 08:35 PM
    Hi Everyone,

    Thanks for your replies. I called a couple of lawyer offices and this is the response i got.

    For the candidate to switch jobs here are the rules:

    1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
    AND
    2) To keep getting 3 year extentions, your I-140 in the First company should be approved
    AND
    3) The First company should NOT revoke your existing Green Card application.





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  • jvs
    09-23 02:27 PM
    I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.

    No FP was done. FWIW my last FP was in Jan 09.

    Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.



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  • cal_dood
    12-18 04:26 PM
    As the cruises stop for less than 24 hrs, you may not need a mexico visa. I'm not applying for one...worst case probably is I cannot disembark in cozumel.



    I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.





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  • rally
    09-17 06:07 PM
    Congrats on getting ur recepit!

    Did your apps get transferred to Texas/Cal service centres? Does your recepit have LIN/SRC/WAC prefixes?


    Thanks a lot!



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  • Marphad
    03-27 08:47 AM
    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.

    I entered on H1 not AP. Hope this is safe :).





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  • Apollon
    06-30 08:55 PM
    thank you very much





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  • pbuckeye
    07-27 02:46 PM
    I submitted all the documents except for the client's letter.


    Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?





    vnsriv
    06-25 11:44 AM
    Couple of options
    1. Don't file your I-485 till you return from India
    2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
    3. Your husband can have I-485 notice and still get H1 stamped in India
    I got my H1 stamped even when I had AP and EAD
    4. You have 90% chance of getting receipt before Oct if you are in EB2
    5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)





    Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.

    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice

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