eb3retro
04-14 08:13 AM
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
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pcs
01-02 07:44 PM
I have completed 6 years on H1-B & my labor certification has been filed 4 times in the past & each time I got stuck in the backlog or lost the job.
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
I finally have approved I-140 but I can not file 485 since Oct 2005.
Now I have a very good job offer with a lot of money but want to take a calculated step before moving on... My current employer will not cancel I-140 & will also help me file 485 even if I am not working with them.
My new employer will be willing to do Labor certification / I-140 / 485 once again but I do not want any complications because of two 485 applications.
My questions are...
1. Do I have to work for 180 days after 485 filing to get AC 21 advantage or I have to only wait for 180 days ( NOT WORK ) after filing 485 to get this advantage ??
2. If I am on H1 with my next employer, can I use AC 21 advantage received from my earlier employer ( based on 485) for next job change ?
3. Will two 485 filing create any complications in either application
Regards & thanks for your help
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centrum
09-27 04:36 PM
Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)
Is the statement under passport true? I still shouldn't have any problem right?
Is the statement under passport true? I still shouldn't have any problem right?
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kirupa
07-27 05:19 AM
Instead of ShowDialog, try using just Show. See if that fixes the issue.
more...
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msgoud
03-08 12:40 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
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sweet_jungle
10-05 11:08 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
more...
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vaishnavilakshmi
07-09 03:20 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?
vaishu
Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?
vaishu
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looivy
07-17 01:34 AM
I can re-apply, but my 485 is already approved on July 8th!
Sorry to hear that. What does your lawyer have to say?
Also, why did they not inform you until now. You must have filed hers around Feb 2005.
Sorry to hear that. What does your lawyer have to say?
Also, why did they not inform you until now. You must have filed hers around Feb 2005.
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kaisersose
07-27 02:48 PM
Thanks. I will ask my employer if they can provide me one.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
The Labor is of no use to you, except to feel secure that they indeed applied for your Labor. But since you have already applied for your 485 and have an RD, it is obvious there was a labor and that is all you really need.
Since you have already applied for 485, a 140 copy would be pretty much useless too. I would not sweat it out.
For AC21, it is better to have a 485 receipt copy. Make sure you get that. You will also need it if you travel outside the US before your AP arrives.
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morchu
07-24 12:02 PM
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.
1- Yes
2- Yes (but the job duties have to be relatively the same)
3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters
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pcjandyala
08-09 11:58 PM
Kumar,
We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.
Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.
We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.
Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.
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sent4dc
06-19 12:07 PM
Wow! Thank you everyone for your input!
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
So how does one surrender a Green Card abroad - do they have to go to a US Consular Office/Embassy?
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forgerator
11-15 09:42 AM
why do we even need a bulletin in this case? sheer waste of time for even the folks publishing it,
waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.
Seems to me like its been decided by BO or HC .......go home everyone.
agreed. Very frustrating to see the lack of movement.
waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.
Seems to me like its been decided by BO or HC .......go home everyone.
agreed. Very frustrating to see the lack of movement.
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Junky
09-22 03:20 PM
Just gave you green
44 Red dots for requesting people to call :mad:
44 Red dots for requesting people to call :mad:
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ras
09-18 09:58 PM
Current Green Card Ajudication duration = {(PD Date) � (Current Date) + [security/Background Check (IBIS etc.)] + Name check + (1 OR 2 OR 3 FP�s) + (RFE�s AND RFE response times) + [nterview (if called for an interview)] + [Country AND Category(EB) specific Retrogression] + [(time behind applications which had older PD�s but later RD�s filed during Jun/Jul bulletin Fiasco)] + [USCIS errors (includes, sending FP�s to old address AND/OR other errors)]}
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ajju
03-01 12:04 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
more...
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karthkc
07-17 03:49 PM
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
When you started using EAD, did you file for AC21? If you did not or don't know what AC21 is, you will want to talk to your attorney.
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
When you started using EAD, did you file for AC21? If you did not or don't know what AC21 is, you will want to talk to your attorney.
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ilikekilo
06-18 11:47 AM
as far as my lawyer says once on ead, even for one day you cant go bck ot h1b
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saint_2010
08-10 12:08 PM
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
:D
Man this is classic!...no wonder why senior members and mods suggest not to call USCIS...:D....please no pun intended...one for the weekend...!
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
:D
Man this is classic!...no wonder why senior members and mods suggest not to call USCIS...:D....please no pun intended...one for the weekend...!
freedom1
01-22 04:18 PM
i got similar message, but this was for Advance Parole not 485...
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
Lisap
08-02 04:21 PM
I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa
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