Enginator
09-17 12:58 PM
My school has a rule where 6 credit hours for grad school are considered full time, whereas for most other schools its 9 credits. Because of this I am forced to take 3 credits per semester because of my H1 status, and to remain as a part time. I dont recommend taking a risk at this stage, and though this makes me a quarter part time student, its better than taking no classes :)
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sanju_dba
04-30 11:41 AM
This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.
if ead renewal keeps you away from work, then i guess you can always be on a short vacation locally ...a month or two? i think vacation is allowed.
stillhowlong
01-17 02:57 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL
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sareesh
03-30 08:10 AM
Thank You all for your feedback and I am still not clear if I can attend Halifax for my H1B visa, which is expired on 12/09/2006(from company A).
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gmb
03-10 12:35 AM
You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.
It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.
rajeshalex
09-11 01:44 PM
Good idea. We can also say thank you for what ever USCIS has done.[ july fiasco]
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delhis_007
06-04 06:10 PM
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
Thank you.
delhis
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dpp
12-30 09:31 AM
What you are saying may be logically correct, but USCIS needs the proof on paper. USCIS needs I-140 approval notice to give you 3-year H1B extension. You can try without that, but not gauranteed anything. Same with I-140 applying also, they need original copy of labour approval to file I-140. USCIS has proper application rejection procedures for all this. May be they are not having proper Approval procedures, but they do have proper Rejection procedures depending on documents required to file something.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
So finally, you have to get I-140 approval notice, otherwise they won't grant 3-year H1B extension.
I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
An actual case would be helpful.
more...
bitzbytz
05-13 03:05 AM
finally...now what?
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vgayalu
06-04 04:15 PM
Any guess for the next Visa bulletin priority dates please?
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abracadabra102
11-07 08:15 AM
1. The 14th amendment is what this country created as a result of the civil war to end slavery. The congress-critters thinking of repealing this amendment either have forgotten their history or are evil in ways people have not understood.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
I will comment on 4.
Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.
Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.
2 and 3. Expectations of a balanced budget is an excellent example of not understanding the consequences of previous policies. Either a. reduce spending or b. increase taxation.
Neither is acceptable, but we still want a balanced budget. When I was young, I learnt these basics of supply and demand by carefully managing my pocket money. I suppose the rich congress kids never had to think like that.
4. I don't really know enough to comment on this
I will comment on 4.
Estate tax is in principle a very good idea. If some one dies, a portion of that persons estate is taxed (at almost 50%) before it is distributed to whomever it was willed. This promotes re-distribution of wealth, prevents concentration of wealth in a few families. Incentivises to work and earn one's own money than depend on parents property. This estate tax was first introduced by Augustus Caesar about 2000 years ago and almost all western nations use it to varying degree. I wish this tax is imposed in India too.
Warren Buffet and Bill Gates both support estate tax. There are some arguments against it. One argument is that if children do not have right to parents property, then society (through government) does not have that right either. This is basically a moral argument but we do many things for greater good at the cost of individual right (forcefully buying land for public works like roads etc.) and is generally accepted.
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krustycat
10-30 10:00 AM
No activity at all
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tonyHK12
11-08 09:24 AM
CIR was a thorn to many -- mostly because of the amnesty... or whatever for the ILLEGALS...
Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).
This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.
Yes I feel at the end of the day most people were against amnesty, and other Bills for Illegals kind of would have lead to it inspite of promising not to (backdoor).
This was all in spite of them having spent millions of dollars over more than 4 years, along with campaign contributions, processions, strong lobbying and what not, and still no change in law to show for it - back to square one.
They have a huge advantage over Immigration voice in terms of donors and funding available, which needs to change.
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MetteBB
05-11 01:57 PM
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jvordar
07-12 11:34 PM
hello everybody... have been following this forums since couple days and finally joined it today... hope to post more in near future!!
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logiclife
06-21 06:25 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
more...
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greenguru
01-07 02:42 AM
Congratulations!
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
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10-20 05:55 PM
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breddy2000
03-09 09:09 AM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
paragpujara
10-24 03:12 PM
I am 2nd July filer. My EAD got approved on 08/30/2007 but no updates on FP or AP. I guess there are many others with the same situation. USCIS is sending FP randomly.
ihabosman
08-13 09:15 PM
ihabosman and MUKRAW6,
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
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