mmeshref
12-02 07:06 PM
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
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clockwork
07-18 05:41 PM
just emailed... it should have 4 pdf files.
Done buddy. Please look at my previous post. Thanks for sharing info. :)
Done buddy. Please look at my previous post. Thanks for sharing info. :)
bluekayal
09-12 12:07 AM
Very courteous. No problems even though I said I was no longer employed with the petitioner and that I was looking for a job.:)
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gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
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sweet_jungle
12-12 12:51 AM
went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Ind_murali
06-29 11:34 AM
Sakthisagar is correct, i was in the same situation in yr 2006. When i went for stamping in chennai,India I was able to get the stamping for current + future (4years without any problems). At the POE my I-94 was stamped till 2010. I hope this helps.
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uslegals
11-11 01:45 PM
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
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desigirl
01-28 10:56 AM
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
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BPforGC
11-05 04:22 PM
Do not enter on AP and lose your underlying VISA status unless you have no other choice. Maintain your H1 as long as possible till you get that piece of plastic in hand.
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ngaheer
12-12 02:51 PM
Hi all,
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
This forum is full of smart people. So I want to throw my situation out there to get some advice from all of you. I am into 7th year of my H1 with by labor with PD of Sep 2002. At the rate things are moving, I am running out of patience here.
Things took an interesting turn last week, when a mid sized Software co. is willing to outsource me some of their work. Given the size of the opportunity, I will need to go to India to setup a team of 5 to 6 ppl. The co. is pretty eager and willing to offer some of the finanical guarantees I have asked for.
So my question is, should I take this opportunity and say good bye to GC? Or I should be patient as there may be a need to be in US to grow my outsourcing biz, in case it jump starts well. What would you do if you were presented this opportunity and you had the enterpreurial spirits to pull it off.
I would be eager to see what people say here.
more...
ayaskant
01-31 11:08 PM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
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snathan
02-21 09:59 AM
Thanks. Can anyone please help me in understanding how long does it take to get EAD aprroval from the starting point for EB1,EB2 and EB3 category. I am interested only in EAD approval at this point.
EB1 - current
EB2 - 3-2 years
EB3 - 10 - 20 years....
You cannot use the experience gained with your current employer...so you are coming under EB3 and its a long & treacherous journey for you. Take part in advocacy day on Apr 4 & 5 th in DC.
EB1 - current
EB2 - 3-2 years
EB3 - 10 - 20 years....
You cannot use the experience gained with your current employer...so you are coming under EB3 and its a long & treacherous journey for you. Take part in advocacy day on Apr 4 & 5 th in DC.
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aachoo
03-24 09:56 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
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fortune50
07-27 02:53 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
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rajsoni
05-06 09:18 AM
HI,
Yes, there is no labor substitution.
My case has been filed in July 2007.
Yes, there is no labor substitution.
My case has been filed in July 2007.
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kevinkris
09-22 01:01 PM
it will not effect your GC..
what do you base this on
what do you base this on
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virtual55
04-18 09:02 AM
if you have both H1B and EAD they both are valid work authorizations and you can work with both of them as long as they are valid and AILA thinks that we can moonlight with EAD while working on H1B and they asked the same question to USCIS and also there is no way for USCIS to track if you are working on H1B and EAD as far I know.
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
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ss777
02-12 06:54 AM
Is your I-140 at TSC? Do you have any other I-140 or I-485 pending/Approved at TSC? They may be trying to consolidate all the cases.
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10-02 01:05 PM
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Ram_C
11-08 12:44 PM
Hi all,
This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.
The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(
The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.
Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:
In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.
Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:
I would much rather be safe than sorry.
Thank you all for ur replies...
you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.
This year I got my H1B approved with start date Oct 1st 2007 through a consultancy. I had also applied for GC in July (as derivative) and got my EAD October last week.
The consultancy hasn't placed me on project so far (it's been more than a month) , and I am concerned , if this period of "no pay" will affect my GC process in anyway.:(
The consultancy wants me to get an SSN now, because a couple of their clients want to know the SSN number before considering for projects.
Would getting an ssn number based on the H1B effect me in anyway later on.....in case it takes longer for the consultancy to assign me a project?:confused:
In the mean time I have been looking for jobs in my area , and if I find one before the consultancy assigns a project, I have decided to go ahead and use my EAD card.. and get SSN based on EAD.
Could someone please please let me know if there is any effect on GC if I get an SSN on H1B...or if I use EAD to get an SSN would it invalidate my H1B?:confused:
I would much rather be safe than sorry.
Thank you all for ur replies...
you can use your EAD to obtain SSN. using EAD for SSN purpose will not invalidate your H1-B status.
sunshine2007
08-27 04:57 PM
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
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