beibei2929
05-15 02:22 PM
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
1) current visa stamp has already expired, so I have to apply for a new stamp(this is the key question: how long is the visa stamp? 3-moth or only till June 30?)2) the validity of new I-797 approval notice will till 2010. I guess it will be approved next month.
My wish is the visa stamp is 3-month and then I can enter US with the new I-797 extension approval. Am I right?
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
a1b2c3
09-05 03:26 PM
Folks,
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
Congratulations!
To celebrate or not to celebrate is the question. I received this email from my attorney's office:
Congratulations! You and your wife are now Legal Permanent Residents of the United States! It has been confirmed this afternoon your I-485 applications were approved this week and your green cards have been ordered.
However, my online status did not change. My question is : Has USCIS stopped updating online status ? or Is this a mistake on my attorney's side ?
Can I do anything in the next 3 days to confirm what happened to my case ? Suggestions appreciated.
It is going to be a long long long weekend for us.
Congratulations!
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masti_Gai
01-05 03:58 PM
that might stop ppl from visiting the site and contributing their views in regards to the various immigration issues
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yogirajd
01-14 01:47 PM
Hello All,
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
Thanks for the all the suggestions and views. My I-140 was denied in oct 2007. I have appealed ( MTR) in Dec. 2007 and my I-140 has got approved in 3 weeks.
I am still not sure whether my attorney has filed appeal with EB2 or EB3 category. Is it possible. My EB2 was changes to EB3 for I-140 quesry in Oct. 2007.
Tnx all.
gc28262
07-29 12:25 PM
Good One !
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lskreddy
08-14 04:28 PM
You can start Tata Motors car dealership. Once the nano starts hitting roads. there will be a huge demand for nano
Good idea. Although, a piece of small land seems to be just about impossible to buy, a dealership will probably be in the realm of ~10 crores or higher. Neat idea though..
Good idea. Although, a piece of small land seems to be just about impossible to buy, a dealership will probably be in the realm of ~10 crores or higher. Neat idea though..
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sri1309
11-04 07:01 PM
Please delete this thread, Admin.
We believe this guy did it by mistake.. pls dont shout at him..
We believe this guy did it by mistake.. pls dont shout at him..
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vegasbaby
06-04 03:05 PM
The bill looks good on paper. My problem is that it also contains giving the same rights to 'gays'. I personally am not opposed to that but it should not happen that the conservatives in the house & senate take an objection & eventually defeat this bill.
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shreekhand
09-13 11:39 PM
gc_peshwa,
You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:
You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:
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thesparky007
04-25 09:40 PM
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04-28 05:34 PM
All right, I've changed it once more, but maybe you should remove those moutain pics because it takes forever to load as it is :)
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pt326bc
07-12 07:14 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
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lelica32
07-30 07:15 PM
NSC: LUD 7/27/2008 I-140
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
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Sai gc
05-12 09:44 AM
Hi Gurus please advice,
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
My 140 was approved in 2007 ,but today i got email from USCIS ,
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On May 12, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
Any idea, what would be the possible reason for this? Please advice.
BTW I recently applied for EAD extension.
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sheela
10-12 02:45 PM
please, poll your PD here
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gondalguru
07-26 06:56 PM
superdude,
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
I did change the title. I apologise about the original title which i accept was ambiguous.
however, I was not making any assumption.
if you read my message carefully, i asked a question. I asked if W2s and/or paystubs would be enough to prove that you have always been in lawful status. And I put a context around it by saying"assuming i do not have all of my I797s and I94s". What I meant was "in the case I do not have all of my prior I797s and I94s"
No need to worry. Keep all the documents - paystubs - visa stamps etc since your last entry. Thats all uscis asks.
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Fightwithfate
03-15 04:05 PM
Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.
Hi,
Thank you for your reply.My employer contacted VSC.They told him that there was an error in the system sometime back but what ever the status is showing in online is the current status and if they require anything they will contact him.
getting confused again.
Hi,
Thank you for your reply.My employer contacted VSC.They told him that there was an error in the system sometime back but what ever the status is showing in online is the current status and if they require anything they will contact him.
getting confused again.
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billu
05-01 10:40 AM
I am on h1b visa and want to buy a property in india. My parents in india will be the POA. Can someone suggest which is better- taking a personal loan from a bank in India or here?Also, if someone has done the same, can u provide the details about how much loan one can get, any good bank to get it and the paperwork etc. thanks a lot.
RandyK
10-29 03:04 PM
This could be an opportunity.......unfortunately there aren't many to choose from��.
avi
04-17 01:51 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
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