LostInGCProcess
01-08 11:23 AM
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.
I too applied on my own and I got 3. May be 1 extra copy...that's why, i guess, the first offices gave me one copy right away and took 2 other copies.
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glus
10-19 08:28 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
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snowshoe
12-18 01:33 PM
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.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
krishmunn
04-07 02:18 PM
The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.
You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???
BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .
There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.
You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???
BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .
There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.
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monicasgupta
11-16 11:17 AM
I talked to Murthy about the same code but they replied that it is ok if the codes are different but the job duties matter which determine the code.
"In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."
Read this at http://murthy.com/news/UDac21qa.html
monica
"In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."
Read this at http://murthy.com/news/UDac21qa.html
monica
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CantLeaveAmerica
03-28 09:46 AM
same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home
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wandmaker
08-06 11:27 AM
Case Details:
EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
Directly Filed at TSC, Checks cashed but did not receive physical receipt notice
Sequence of Emails:
08/06: CRIS Email, Notice mailed welcoming the new permanent resident
08/07: Soft LUD
08/09: Soft LUD
08/11: Welcome Notice Received via USPS, Post marked 08/08
08/13: CRIS Email, Card Mailed.
08/14: Soft LUD
08/14: Received Cards in the mail, envelope post marked 08/12
To Whom may have COLTS:
- Opened SR for receipt notice in Dec 07
- Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
- Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
- Applied for EAD renewal in 6/08, Received card on 7/08
- I-140 Soft LUD on 7/13/08
- No other LUDs, Direct case status change on 8/6/08
- Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.
EB2-I PD: 1/2/06 485@ TSC - MD: 6/30/07 RD: 7/2/07 ND: 10/2/07 AD: 8/6/08
Directly Filed at TSC, Checks cashed but did not receive physical receipt notice
Sequence of Emails:
08/06: CRIS Email, Notice mailed welcoming the new permanent resident
08/07: Soft LUD
08/09: Soft LUD
08/11: Welcome Notice Received via USPS, Post marked 08/08
08/13: CRIS Email, Card Mailed.
08/14: Soft LUD
08/14: Received Cards in the mail, envelope post marked 08/12
To Whom may have COLTS:
- Opened SR for receipt notice in Dec 07
- Feb 08, Received a letter from USCIS stating that they will not be able to generate duplicate notice
- Feb 08, Called USCIS & referenced duplicate notice letter. IO has told me the name check got cleared on Nov 07.
- Applied for EAD renewal in 6/08, Received card on 7/08
- I-140 Soft LUD on 7/13/08
- No other LUDs, Direct case status change on 8/6/08
- Made two calls to USCIS one on 12/07 and another on 02/08 and did not make INFOPASS appointment.
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puskeygadha
07-17 09:11 AM
has there been any update from fragemon
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REEF�
06-06 05:21 PM
Nice work vd...lol I only see one path...
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skothuru
07-18 10:35 AM
Check with this:
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
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canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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mbawa2574
02-11 07:52 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.
My question to you .. my lottery case priority date can be use for my eb3 case?
IV members don't support illegal Immigration. Since you were illegal from 2002 to 2003 and overstayed on your B2 visa, we cannot help you here. Please contact an immigration attorney.
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GCBALAK
03-18 12:57 AM
I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.
My questions:
1) Can I start / partner with a friend who is a US Citizen?
2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).
3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc
4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.
5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.
Any tips / advice from the experts will be highly appreciated.
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vgayalu
01-24 11:33 AM
Please do not raise old hot topics.
The confusion created is enough. Do not confuse more and more.
Let IV work on one issue which ever is under consideration.
We need not to scare any body by mentioning H4 and nonsense.
Let everybody get some drink first. Then everyone wait for solid stuff.
[QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
The confusion created is enough. Do not confuse more and more.
Let IV work on one issue which ever is under consideration.
We need not to scare any body by mentioning H4 and nonsense.
Let everybody get some drink first. Then everyone wait for solid stuff.
[QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
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eb2_hope
08-08 09:20 AM
Friends , Just wanted to let you know that Infopass at Detroit local office is total waste of time. Today morning I had infopass appointment ( EB2-I 2004 ) .IO officer told us that they are not allowed to give any information regarding name check due to security reasons. Also IO told us that 1-800 number CR are trying to get rid of us hence they send us to Infopass at local office but local office has got instructions not to reveal any information about I-485 employment based cases.
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
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fcres
08-16 11:02 AM
I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.
Its so simple no problem at all.
Happy Journey...
OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.
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abandookwala63
10-26 04:50 PM
guys can someone please let me know what is meant by lud.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
Online computer message shows EAD oh me and my spouse was mailed on 24th september but till date as on 24th october i hace not received it. i call the USCIS and the second level officer told me cannot mail u another one til me get in returned mail or go and inquire with the postoffice. Post office doea not have any pending mail for our address. USCIS says cannot send a duplicate one. donot know what to do.???? any suggestions.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
Online computer message shows EAD oh me and my spouse was mailed on 24th september but till date as on 24th october i hace not received it. i call the USCIS and the second level officer told me cannot mail u another one til me get in returned mail or go and inquire with the postoffice. Post office doea not have any pending mail for our address. USCIS says cannot send a duplicate one. donot know what to do.???? any suggestions.
Desi Unlucky
07-27 07:22 AM
I was not greatly familiar with the I 140 process and since long i was thinking of posting a question on the forum. Yesterday i saw this thread and tried searching if there are any answers to my Questions.
It was spot on. with in 15 minutes, thanks to the search engine i now know
1. What SRC in front of the reciept no
2. Which centers process I 140
3. What are the processing times
My suggestion to IV would be to have this search URL on the home page.
It was spot on. with in 15 minutes, thanks to the search engine i now know
1. What SRC in front of the reciept no
2. Which centers process I 140
3. What are the processing times
My suggestion to IV would be to have this search URL on the home page.
thomachan72
01-05 04:58 AM
Dustinthewind, the preview has good background score and the shots are appropriate. The narrative (labels) that show up are also quite captivating. All together it looks very good and promising, however, I would have liked to see some diaglogues also in between. Maybe a tiny bit longer would have been better. We definitely need to hear the voices of the actors to make it all the more compelling. If there are tragic scenes in the movie a glimpse of those would also be great. Anyway I am not requesting you to change anything but just suggesting a few ways such previews could be more effective. [/I]
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