kaisersose
07-24 11:21 PM
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
No. You are fine. If you are absolutely sure that your 140 will be revoked, then you may want to consider notifying CIS about your job change. It is not mandatory, but there is a chance that it may help avoid the nuisance of CIS making a mistake and denying the 485 and you having to reverse their decision through an MTR.
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
No. You are fine. If you are absolutely sure that your 140 will be revoked, then you may want to consider notifying CIS about your job change. It is not mandatory, but there is a chance that it may help avoid the nuisance of CIS making a mistake and denying the 485 and you having to reverse their decision through an MTR.
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johnamit
07-18 09:47 AM
this window of opportunity to file 485 till August 17th will provide some interim benefits to most of us but we are destined to see long long wait before 485 approval. So I suggest we keep doing our efforts to get achieve other goals like recapture of unused visa number and things of that nature. We need a course of action to raise our voice which could include interaction with congresswoman, rally, letters from Hitech industry leaders and other things of this nature. I am hoping Core will come up with a plan soon.
mjdup
02-17 01:30 PM
Great job cataphract ! meeting in person helps a lot, I'm wishing MA volunteers step up and get motivated. Does red bull really work ;) just kidding, good luck.
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kaisersose
07-26 03:16 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.
All the same, I would still get a H-4 as this will be advantageous as,
1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?
2. AP takes a long time to come and she has to make an urgent trip back home?
3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.
The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can.
more...
frostrated
09-09 04:03 PM
but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
tabletpc
01-07 11:29 AM
its a gray area....
If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!
its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!
Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.
My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!
Good luck
If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!
its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!
Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.
My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!
Good luck
more...
eilsoe
10-03 01:59 PM
Absolutely horrific...
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srh1
09-22 01:50 PM
I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
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kevnss
03-18 03:06 PM
Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.
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TeddyKoochu
06-01 02:07 PM
I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.
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Oasis52
05-16 09:06 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
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pokemon
05-27 12:37 PM
Thx
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chanduv23
03-26 06:39 AM
My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.
We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.
We took a transit visa for a 10 hour break once while flying from JFK to Chennai. Emirates arranges for one, if you pay like $20 or so, all we did was to spend time at the gold shopping place (wallet got lighter offcourse) and got back to the airport in couple of hours. We would want to go again and probably take a longer break and stay over - the shopping is awsome, Dubai is scenic, especially the Jumairah palm and those areas.
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eilsoe
10-03 01:48 PM
I have a feeling this could get evil...
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kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
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LONGGCQUE
12-28 04:41 PM
glad it worked for you and thanks for sharing as it may help one of us someday.
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rsayed
08-22 11:25 AM
i APPLIED ON 7th July...
NO news
I applied on 7th July too - Receipt Date - 8th July - Notice Date - 9th July, 2008.
Paper-filed through my firm's lawyer - nothing so far!
Tried calling USCIS a few times - don't know whom to beleive - once, I was told an IO has not been assigned to my case. The other two times, they said, they're processing cases filed before April 2008 and I'll have to wait another 82-90 days!!!
Which doesn't sound true - coz' I know friends who filed in June/Jul - who got their approvals.
So, I'm compelled to logically arrive at one conclusion - USCIS is in a mess...through and through!!!
It's like the BLACK HOLE - No one knows what goes on in there - once, your app is in - only a miracle can get it out...
Sorry - just venting my frustrations...think I should go jog and drain myself silly...!!! :mad:
NO news
I applied on 7th July too - Receipt Date - 8th July - Notice Date - 9th July, 2008.
Paper-filed through my firm's lawyer - nothing so far!
Tried calling USCIS a few times - don't know whom to beleive - once, I was told an IO has not been assigned to my case. The other two times, they said, they're processing cases filed before April 2008 and I'll have to wait another 82-90 days!!!
Which doesn't sound true - coz' I know friends who filed in June/Jul - who got their approvals.
So, I'm compelled to logically arrive at one conclusion - USCIS is in a mess...through and through!!!
It's like the BLACK HOLE - No one knows what goes on in there - once, your app is in - only a miracle can get it out...
Sorry - just venting my frustrations...think I should go jog and drain myself silly...!!! :mad:
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nat23
11-17 01:43 PM
I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.
If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?
If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.
This scenario concerns me.
When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.
If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?
If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.
This scenario concerns me.
When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.
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cool_desi_gc
11-14 10:14 PM
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
raysaikat
05-04 12:30 PM
Is there any way to link buying house and green card?
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.
ujjvalkoul
05-01 01:56 PM
Does - Emergency Appoinment include - people already working in US ? are you sure ?
Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work
Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work
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