gandalf_gray
06-02 11:18 AM
tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
To my mind, going out of country and reentering is envitable in either situation.
1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.
Attorney should confirm this.
2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.
3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm
In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status
Surabi. thanks a lot. gave a good insight. will contact an attorney.
but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
So even if I apply for L1 extn, I dont know which might get approved first !! .
does that change anything ?
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immigrationbond007
06-14 09:22 PM
They should arrive within 90 days of applying. They are not related to the Priority date. ;)
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
vshivaji
08-22 11:21 AM
I filed mine, and my wife's, July 2 ('07) without medical, got status alert "RFE notice sent" Aug 4, guessing medical (have doc appointment tomorrow).
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
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sxk
11-24 07:09 PM
I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk
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.
or is it better to fall back on EAD and continue with education? Please advice!
Optimist578 - can you please let us know what you find out from your attorney?
thanks a lotsxk
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.
more...
Ramba
05-04 05:37 PM
If you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)
black_logs
01-30 09:48 AM
It's too late for that. We have so much of paperwork allready done!!!
more...
chanduv23
12-08 10:48 AM
Dear brothers and sisters,
We are running a funding drive with a targetted amount for our lobbying efforts.
A lot of people have contributed and contributions are still coming in.
Thanks to all those who are showing a wonderful gesture by their contributions.
If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked
http://immigrationvoice.org/forum/showthread.php?t=15905
Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.
Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.
Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.
We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.
Everyone in the community has to come forward and contribute towards the efforts.
Yours,
Chandrakanth - IV Volunteer
We are running a funding drive with a targetted amount for our lobbying efforts.
A lot of people have contributed and contributions are still coming in.
Thanks to all those who are showing a wonderful gesture by their contributions.
If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked
http://immigrationvoice.org/forum/showthread.php?t=15905
Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.
Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.
Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.
We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.
Everyone in the community has to come forward and contribute towards the efforts.
Yours,
Chandrakanth - IV Volunteer
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dbevis
October 12th, 2003, 07:20 PM
Both of the following are about 500KB, so beforewarned...
I put a smaller beetle macro into the front-page gallery area, but here's a couple others.
1 Upclose and personal with a dandelion.
http://www.gotodon.com/misc/dandelion.jpg
2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.
http://www.gotodon.com/misc/holliday-ruins.jpg
I put a smaller beetle macro into the front-page gallery area, but here's a couple others.
1 Upclose and personal with a dandelion.
http://www.gotodon.com/misc/dandelion.jpg
2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.
http://www.gotodon.com/misc/holliday-ruins.jpg
more...
gapala
09-05 10:01 PM
I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS
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reverendflash
10-28 10:29 PM
OR do some pro-bono sites for people who will reach a lot of people (and help out some needful people at the same time)...
such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...
They never need know how old you are...
I certainly don't tell them I'm 40... :P
Rev:elderly:
such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...
They never need know how old you are...
I certainly don't tell them I'm 40... :P
Rev:elderly:
more...
sandy_anand
12-08 05:50 PM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
Congratulations!
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prash20
05-29 07:47 PM
I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me
Thank you for the help
the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me
Thank you for the help
more...
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dollar500
11-19 05:48 PM
I had a strange situation. I checked on the case status site to see if there is any update on my case. I am a July 2 filer with EAD plus FP. The earlier update date was 9/2/2007. I checked there it says that it's updated as 11/1/2007, when I reread it I didn't notice anything different. Can anybody shed some light?
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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jediknight
10-23 12:57 PM
I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(
more...
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sp99
08-18 01:45 PM
Hello Folks,
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...
I was also in the same dilemma 2 weeks back but now that i have DISH IPTV, i am very happy with the quality of the channels. I ordered Hindi Superpack, i was interested in Elite pack but it has $6 charge which becomes $40 for 4 channnels but add 4.99 and u get 8 channels...i was worried about buffering and quality of the programming but it is awesome..i watch it on my 50inch plasma..it is great..let me know if u have any more questions...
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ilanbenatar
04-25 12:17 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
more...
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xela
04-23 06:00 PM
There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.
they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.
they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.
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BMS1
11-24 01:57 AM
It is really irritating to read 'i' & mba not getting capitalized, I'm typed as im, etc. Type slowly and capitalize where needed. You may be in a hurry but you are irritating potential helping people.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
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ivjobs
11-09 01:48 PM
Just to keep the ideas about entrepreneurship and the group activity floating at a central place, a file has been created in the group. Any one who feels their ideas, thoughts and proposals are worth and benefit the VI entrepreneur community, please add them below. The team will review them frequently and try to implement as many as feasible in the best interests of the IV and the group.
Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:
1. Create a Charter which describes our activities,what we want to do,
roles, responsibilities, How to address issues and conflicts among
members etc.
2. Establish a core team/board who will report to a chair and is
ultimately responsible for policies, actions etc.
3.Identify and assign responsibility to individual members
4.Clearly identify the chain of command (whose responsible for what
and who does final decision)
5. Also assign the charter/board to come up with a business plan, do
investment analysis etc for the group.
6. Chalk out any short term and long term initiatives such as
attracting and retaining folks, managing day to day affairs, sharing
the wealth of knowledge and profits.
7. Should we register a ivstartup.org domain?
its 9.99/yr at godaddy, so that we can move from an informal setup
like yahoo groups to a more formal setup...with our own forum and
all..
8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
cent/month) or 10$ life long membership....that will cover the cost
of hosting.
9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?
10. Create a shared repository for the all the startup related information specifically targeting IV audience.
Please add in your thoughts to the above or visit
http://finance.groups.yahoo.com/group/ivstartup/files/
Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:
1. Create a Charter which describes our activities,what we want to do,
roles, responsibilities, How to address issues and conflicts among
members etc.
2. Establish a core team/board who will report to a chair and is
ultimately responsible for policies, actions etc.
3.Identify and assign responsibility to individual members
4.Clearly identify the chain of command (whose responsible for what
and who does final decision)
5. Also assign the charter/board to come up with a business plan, do
investment analysis etc for the group.
6. Chalk out any short term and long term initiatives such as
attracting and retaining folks, managing day to day affairs, sharing
the wealth of knowledge and profits.
7. Should we register a ivstartup.org domain?
its 9.99/yr at godaddy, so that we can move from an informal setup
like yahoo groups to a more formal setup...with our own forum and
all..
8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
cent/month) or 10$ life long membership....that will cover the cost
of hosting.
9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?
10. Create a shared repository for the all the startup related information specifically targeting IV audience.
Please add in your thoughts to the above or visit
http://finance.groups.yahoo.com/group/ivstartup/files/
Eberth
10-16 04:49 PM
tnx
i founded it on ps7
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i founded it on ps7
:D
ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
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