obviously
08-04 11:54 AM
Yes, the new I-140 has the old EB3 PD on it.
So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?
What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?
Cheers!
So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?
What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?
Cheers!
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permfiling
01-22 01:30 PM
^^^^^
snathan
03-09 03:11 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
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amsgc
04-02 08:47 PM
I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
more...
USDream2Dust
07-20 02:30 PM
Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.
Beta_mle
02-21 09:23 AM
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
Thanks Desi. That helps peace of mind. Do you have a link to the regulation concerning out of status applying only to applicants 17 and older?
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
Thanks Desi. That helps peace of mind. Do you have a link to the regulation concerning out of status applying only to applicants 17 and older?
more...
malibuguy007
09-16 12:58 PM
I agree - the focus should be ONLY CALLS today.
Is it possible to add a poll to the thread to see how many people called just today?
Is it possible to add a poll to the thread to see how many people called just today?
2010 Cher Lloyd | The X Factor
gccovet
09-04 09:39 AM
Hi,
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
more...
Saralayar
07-20 09:43 PM
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
I also did the same mistake. But when verifying before sending it to our immigration department, I found that I need to fill G325A. Then I filled the G325A and sent.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
I also did the same mistake. But when verifying before sending it to our immigration department, I found that I need to fill G325A. Then I filled the G325A and sent.
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iv_only_hope
02-17 10:10 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
more...
obviously
12-04 08:15 PM
Next time you fly into India, THANK the security folks for taking care of security day in and day out.
After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.
If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...
Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)
After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.
If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...
Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)
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mambarg
07-27 06:58 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
more...
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nrk
10-26 02:16 PM
Thanks for the information. Green for you
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
is this what you are asking for?
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
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Azzuri
12-03 07:05 AM
Kirupa Hero one is awsome. talents !
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ryanjoe_99
05-29 09:47 AM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
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cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
more...
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sunny1000
04-20 06:25 PM
When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.
I second that statement. Moreover, this gives you the peace of mind knowing that somebody at CBP won't screw up entering the I-94 info when your parents surrender this at the airline or give a hard time for a lack of date on the I-94 when your parents want to travel again.
I second that statement. Moreover, this gives you the peace of mind knowing that somebody at CBP won't screw up entering the I-94 info when your parents surrender this at the airline or give a hard time for a lack of date on the I-94 when your parents want to travel again.
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mhtanim
06-10 02:40 AM
Wow.. one should wonder why USCIS wants its' own documents. Don't they have any way to track someone's immigration records in their system?
Anyway, as somebody else has mentioned - you should consult with an experienced attorney.
Anyway, as somebody else has mentioned - you should consult with an experienced attorney.
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pointlesswait
07-30 09:08 AM
what i meant was...as individuals we can have views different from IV..;-)
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
as members of IV..we stick with the our IV goal.. thats all..no controversy there..;)
Yes, but we do not represent the CHC, nor are we in any way affiliated to them.
Secondly there are no "individual constituents" when it comes to Immigration Voice. This is an organization OF, FOR and BY the "EMPLOYMENT BASED LEGAL IMMIGRANTS". We neither support nor oppose rewards or penalties for or against the undocumented workers (illegal immigrants). Individual members can have their own "opinions/biases", but NO individual member can speak on behalf of Immigration Voice on major issues. As per my understanding, ONLY the IV Core team/Board members as a WHOLE can make such decisions.
felix31
04-18 11:42 AM
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
GC092003,
I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....
have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..
If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
hope this helps
Please give me your advice.
GC092003,
I am sorry to hear that. But this is absolutely new to me. As soon as we got the receipt number we were able to check online status ....
have you punched in all the letters and numbers correctly? Pay attention to that, because if you mistake one number you will not get accurate result..
If the number you are typing is correct than something must be wrong on their side and you can call 800 number to inquire via attomated system about your case...
hope this helps
gcseeker2002
05-13 10:41 AM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
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