martinvisalaw
06-05 01:40 PM
A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.
For those with questions about AOS portability - you should show a new job offer letter if CIS asks for it - either in an RFE or at an interview. There is no legal requirement to notify CIS if you change jobs while the RFE is pending, unless they ask about it. CIS does expect that AOS applicants will notify CIS if they change jobs, however.
For those with questions about AOS portability - you should show a new job offer letter if CIS asks for it - either in an RFE or at an interview. There is no legal requirement to notify CIS if you change jobs while the RFE is pending, unless they ask about it. CIS does expect that AOS applicants will notify CIS if they change jobs, however.
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GCwaitforever
07-20 07:01 PM
Please participate in the immigration lawyers conference call on 28th.
aj2000
07-13 10:13 PM
My papers reached my lawyer only on 3rd. So, she didnt file at that time. Yesterday, she asked me if we can apply to become a part of lawsuit. I said OK. My file was sent to uscis yesterday by fedex. Since, I have spent 1000$ already on medical and other stuffs, just thought, why not give it a shot.
I would ask you guys to consider filing especially if your PD is in 2005 or later.
I would ask you guys to consider filing especially if your PD is in 2005 or later.
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sankap
07-06 06:31 PM
I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?
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chalamurariusa
04-28 10:02 AM
Some one please advice!!!!!!
GIC
05-14 10:31 AM
RD: 01/19/2007
ND: 01/22/2007
LUDs: None
RFE: None
Category: EB2
Status: Pending
ND: 01/22/2007
LUDs: None
RFE: None
Category: EB2
Status: Pending
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optimystic
04-22 03:38 PM
As per my understanding, due to the July 2, 2007 fiasco, Visa dates were unavailable for ALL chargeability areas between July 2nd - July 17th 2007 (i.e until USCIS temporarily made relaxation after protests from IV et al. )
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
So how can the processing date be July 11th !!
It implies that they are processing a case that was filed/receipted on July 11th !! Whereas as per the Visa bulletin no body should have been able to file a case when PDs were not current during that brief time slot (2nd - 17th of july). So are they processing cases out of thin air !! :) (just kidding...I know some people did contine to file after July 2nd despite dates not being current)
If indeed people did continue to file their papers even after July 2nd (and I think some did), then may be they are processing those (relatively) few applications. But would they allow such applications. I guess they are...they are atleast processing them :) , whether or not they will honor such filings I dont know....
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surabhi
09-16 02:21 PM
Hello Gurus,
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.
My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.
Thanks in advance.
--Srinivas
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
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TwinkleM
06-25 11:50 PM
Thank You Ms. Sen.
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
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krishnam70
07-08 02:37 PM
Please visit www.helpvinay.org to get furthur details.
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org
If you have any more questions, I can answer
I just got this info from here and I will be going in to the drive today in my city..I have called up all my friends and informed them about it and they will be going in too. hopefully somebody will match.
Initially you need to go to a drive and register. You have to fill a form and give a simple swab test (Give saliva sample) . Takes 5 minutes.
Then you will get added to a national registry.
Alternately you can also register online if you not in a metropolitan area. We are having lot of drives right now in New York,New jersey,DC areas.
All details on www.helpvinay.org
If you have any more questions, I can answer
I just got this info from here and I will be going in to the drive today in my city..I have called up all my friends and informed them about it and they will be going in too. hopefully somebody will match.
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optimist578
11-19 09:56 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
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kirupa
01-01 11:22 PM
Are you considering actually creating something in AS1?
:)
:)
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sri1309
03-25 05:36 PM
I think we all should vote for just one immigration related question
After logging in, if you search with "immigration", I think there are atleast 25-35 posts which are related to us. I created my question just now and went thru all the 171 questions and voted FOR all of them which are good for us.
Core Team,
Thursday is the deadline.. President is asking us to help him understand our issues. Can you please make this an action item.. Pleassseeeee....
After logging in, if you search with "immigration", I think there are atleast 25-35 posts which are related to us. I created my question just now and went thru all the 171 questions and voted FOR all of them which are good for us.
Core Team,
Thursday is the deadline.. President is asking us to help him understand our issues. Can you please make this an action item.. Pleassseeeee....
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frostrated
10-08 05:38 PM
Comp A sponsored you in good faith that you will join them after getting the GC. So, you will need to be willing to join CompA now. But if CompA is not able to hire you, you need to get documentary evidence that Comp A is unable to hire you at the moment due to the circumstances which need to be specified in the letter. And then, you can go about your employment with Comp C.
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amoljak
02-09 12:33 PM
Let's not forget that the reason Immigration Voices exists and the reason we are standing in the long line of immigration is exactly what David Brooks has outlined in the first few paragraphs.
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
If India and China were to blow by the US... why would we be here in the first place?
So instead of making an argument that you will be damned if you don't let us in (which is not entirely true), we should argue that US is a great country and a land of opportunities and we can help to make it even better...
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miththoo
08-22 05:08 PM
Does it invalidate the old I-140 if the PD is recaptured for the new I-140 ? I mean what happens to the old I-140 ? May we still use it in future if for some reason the new I-140 does not work out ?
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deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
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ramus
06-27 02:33 PM
I heard people who has I-140 approved after June 2006 got A# assigned. I have my 140 approved in 02/2006 but don't have A# assigned.
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deepakjain
02-24 11:19 AM
I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.
Best of Luck,
Deepak
This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....
Dear Sir/Madam,
This is to inform you that the administrative process for your US non-immigrant visa application has been completed.
You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.
Please carry a copy of this email for ready reference.
Thank you
Regards
Mumbai NIV / AO
vandanaverdia
09-09 03:13 PM
^^^ bump ^^^
ndbhatt
08-14 12:36 PM
yes u are
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
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