ApprovedI140
06-20 01:26 AM
Hi All,
How many of you gone through this postings in www.Murthy.com website.
"Priority Date Movement and H1B Extension Strategies"
This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.
Note:
a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.
1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.
2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.
3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?
thanks for reading this .
Can anyone suggest a good and best way 2 go in this scenario.
Thanks
A
How many of you gone through this postings in www.Murthy.com website.
"Priority Date Movement and H1B Extension Strategies"
This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.
Note:
a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.
1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.
2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.
3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?
thanks for reading this .
Can anyone suggest a good and best way 2 go in this scenario.
Thanks
A
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gc28262
07-30 09:01 AM
From Ron Gotcher:
ImmInfo Newsletter:* The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever
ImmInfo Newsletter:* The effect of an employer withdrawal of an I-140 (http://imminfo.com/News/Newsletter/2010-07/employer-withdrawal-of-I-140.html)
If an employer withdraws an I-140 after it has been approved, however, the employee is entitled to keep the priority date and use it for any subsequently filed I-140. It doesn't matter that the new I-140 may be for a different job, a different employer, a different location, or even a different preference classification. Once an I-140 is approved, the employee "owns" the priority date forever
ajju
09-06 12:33 AM
My friend filed on July 24 and just got his receipts.. His receipt date is 7/17. Seems all late July/Early Aug filers under July bulletin will have RD of 7/17...
Any one to confirm or deny this... This pattern seems logical as visa bulletin was revived on 7/17 and most of the folks can't file for the 2 weeks during fiasco...
Any one to confirm or deny this... This pattern seems logical as visa bulletin was revived on 7/17 and most of the folks can't file for the 2 weeks during fiasco...
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gc_chahiye
10-29 05:51 PM
There is no need to withdraw your 485. But why do you need 2 485's. It just shuts out visas for others. You can continue on H1b with your current employer and join in EAD with the other.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
Not an attorney , please validate with one
Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.
more...
anilsal
06-16 11:45 PM
Hello
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
• Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
• Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
2) Send faxes same as the letter.
3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
4) Take Infopass.
One of the above options will work.
Thank you for your time and I appreciate your effort.
Scenario:
I have two Approved I-140s (both filed by same company).
• Filed I-140 & I-485 concurrently with a PD of Nov 2007 (Original Labor) - I-140 Approved and I-485 Pending
• Filed I-140 with PD March 2005 (Substitution Labor) - I-140 Approved.
Questions:
1. I would greatly appreciate if you can let me know what are my options and any relative information (Letter formats etc.)
2. Can Info-Pass work instead of writing to USCIS?
1) Send letters to the service center explaining your situation and the priority dates + 140 approval LIN#(NSC) or WAC# or whichever approval numbers you have. You need to stress that your dates are current and that your AOS applications have to be approved based on the current 140 (irrespective of which approved 140, the 485 apps were filed).
2) Send faxes same as the letter.
3) Call the NSC/TSC IOs. (If you reach the national customer service center, no luck).
4) Take Infopass.
One of the above options will work.
ilwaiting
06-14 01:13 PM
simple process. planning to do it myself. just make sure you have the right documents.
I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we?
I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we?
more...
bekugc
12-04 06:35 PM
i think at re-entry for the 485 pending /AP applicants, there is a POSSIBILITY that the officers could question you bout ur existing employment. For such cases people r adviced to carry the current employers letter along with copy of 485 receipt for safety sake.
with that in mind, if all possible, using ur EAD(after that 180 day rule) , get a job may be collect a paystub or 2 , get a letter and then use the AP.
in many other forums, pple have shared info such as "officer asked me if im still employed with the same employer who filed for GC." etc etc . its better to carry something atleast to prove that when asked.
with that in mind, if all possible, using ur EAD(after that 180 day rule) , get a job may be collect a paystub or 2 , get a letter and then use the AP.
in many other forums, pple have shared info such as "officer asked me if im still employed with the same employer who filed for GC." etc etc . its better to carry something atleast to prove that when asked.
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md2003
04-11 02:25 PM
As long as previous employer not revoked/Cancel your i-140 you are safe. You can port your priority date.
But i don't see any body who ported PD even if prior employer cancel or revoke.
But i don't see any body who ported PD even if prior employer cancel or revoke.
more...
Waitng4GC
03-25 09:32 AM
it is around $27 and I got both H1 and EAD.
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mannishk
07-27 08:19 PM
Hello Gurus,
I am on a big confusion and dilemma, need your assistance and guidance. Here is my situation.
I am on H1B and recently terminated (July 21st), I am given 2 weeks of reverberation which ends on 4th Aug, and my last pay stub (from 1st -4th aug) comes on Aug 15th.
Now as the market is really bad, I am unable to find anyone to sponsor my H1 transfer. My wife is on F1 and I am willing to change my status from H1 to F2. Now my concerns are:
a) Is my H1B status still valid (after termination) and can I apply for change of Status to F2 now? I have read somewhere, I can apply for change of status to F2 only if I am currently on a valid status.
b) After applying for F2, before my approval of 'Change of status' if I get a job, do i need to apply another change of status application 'F2- H1B'?
c) In case i get a job after 3 months, transfer my status from F2 to H1, will i require pay stubs as one of the documents? But at this point i will not have any pay stubs as I was not working? How will the transfer go? Will there be an issue?
Please let me what are my best options right now...I appreciate all your help...
thanks you!
I am on a big confusion and dilemma, need your assistance and guidance. Here is my situation.
I am on H1B and recently terminated (July 21st), I am given 2 weeks of reverberation which ends on 4th Aug, and my last pay stub (from 1st -4th aug) comes on Aug 15th.
Now as the market is really bad, I am unable to find anyone to sponsor my H1 transfer. My wife is on F1 and I am willing to change my status from H1 to F2. Now my concerns are:
a) Is my H1B status still valid (after termination) and can I apply for change of Status to F2 now? I have read somewhere, I can apply for change of status to F2 only if I am currently on a valid status.
b) After applying for F2, before my approval of 'Change of status' if I get a job, do i need to apply another change of status application 'F2- H1B'?
c) In case i get a job after 3 months, transfer my status from F2 to H1, will i require pay stubs as one of the documents? But at this point i will not have any pay stubs as I was not working? How will the transfer go? Will there be an issue?
Please let me what are my best options right now...I appreciate all your help...
thanks you!
more...
eb3_nepa
01-21 12:44 PM
Yes. You will get all the tax rebates. I remember getting the rebate check after 2001.
THAT makes sense. Since i had JUST graduated in June 2001, i must have filed as a NON-resident for that period.
THAT makes sense. Since i had JUST graduated in June 2001, i must have filed as a NON-resident for that period.
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cchaitu
10-08 11:07 AM
Hi GURU's,
I received my original I 485 receipt on which my receipt date is - July 10 2007 and Notice Date is - Sep 12 2007 from CSC(even though I applied to NSC)
After one week I have received Transfer Notice from CSC on which receipt date is - Sep 12 2007 and Notice Date is- Sep 17 2007 saying that my case is transferred to NSC
Now I am confused,
Which one should I consider as actual I 485 receipt date
July 10th (Original Receipt Receive Date) or Sep 12th (Transfer Notice Receive Date)
Please somebody help me, As I planning to use AC21 on Jan 10 2008, Thanks in Advance...
I received my original I 485 receipt on which my receipt date is - July 10 2007 and Notice Date is - Sep 12 2007 from CSC(even though I applied to NSC)
After one week I have received Transfer Notice from CSC on which receipt date is - Sep 12 2007 and Notice Date is- Sep 17 2007 saying that my case is transferred to NSC
Now I am confused,
Which one should I consider as actual I 485 receipt date
July 10th (Original Receipt Receive Date) or Sep 12th (Transfer Notice Receive Date)
Please somebody help me, As I planning to use AC21 on Jan 10 2008, Thanks in Advance...
more...
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bmoni
03-22 05:32 PM
Check out the Thomas Friedman's Op-Ed on New york times
Op-Ed Columnist - America’s Real Dream Team - NYTimes.com (http://www.nytimes.com/2010/03/21/opinion/21friedman.html)
I don't know what other proof the law makers need to prove how vital we(immigrants) are in America's future.
May be next time when you hear an anti-immigrant rant shove this link to their throat.
Op-Ed Columnist - America’s Real Dream Team - NYTimes.com (http://www.nytimes.com/2010/03/21/opinion/21friedman.html)
I don't know what other proof the law makers need to prove how vital we(immigrants) are in America's future.
May be next time when you hear an anti-immigrant rant shove this link to their throat.
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kingkon_2000
08-30 02:17 PM
Today my lawyer sent me my receipt numbers for 485, EAD and AP. when I enter my AP receipt number to check online status I see the following...
Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION
Current Status: Card production ordered.
On August 30, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Anyone know what this means... It doesn't say I-131 in application type..
Second disturbing thing I noticed when I entered my 485 number...
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 23, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense. Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
My lawyer says the checks have been cashed and we have proof of this.. She says it can be a typo..
Most weird part is for my EAD it says card has been ordered.. but I haven't even done finger prints and my 485 is in suspense..
Anyone any idea whats happening.. should I be worried about OS155A and 485 things..
Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION
Current Status: Card production ordered.
On August 30, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Anyone know what this means... It doesn't say I-131 in application type..
Second disturbing thing I noticed when I entered my 485 number...
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 23, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense. Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
My lawyer says the checks have been cashed and we have proof of this.. She says it can be a typo..
Most weird part is for my EAD it says card has been ordered.. but I haven't even done finger prints and my 485 is in suspense..
Anyone any idea whats happening.. should I be worried about OS155A and 485 things..
more...
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485_spouse
03-13 01:30 PM
I recently got married. My is currently on H1 and is currently in US. Will my wife's I-485 be returned as the priority date is not current I am in EB3 priority date is Mar 2002. Anybody in similar situation as me..please post...
you can not file I-485 for your wife till PD becomes current.
I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.
you can not file I-485 for your wife till PD becomes current.
I'm in the same boat. you need to make sure your wife maintains her visa status. Since she is on H1 she should file a labor to make use of 7th year.
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Kapils573
05-21 10:11 AM
I also have the same status. I think it has to do with finger printing when had filed for 485 during July 2007. My status is like that since Dec 2007 .Nothing has changed after that for me..
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rkumar28
08-13 06:53 PM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
You can definetly start any bussiness you want. As per the link below it seems it will be safe to stay with the current employer for atleast 6 months.
Please see this link: MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
thanks
You can definetly start any bussiness you want. As per the link below it seems it will be safe to stay with the current employer for atleast 6 months.
Please see this link: MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
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fasterthanlight�
04-11 01:30 PM
Apparently not this year
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gc_on_demand
09-30 01:15 PM
Could this be the administrative fix that IV is working on - which pappu replied in another thread.
Can we please get this so that people can add spouses (if they did not do so during july fiasco).
I think he mentioned that it is for I 485 applicants and to me I 485 applicants are who filled AOS. Poor me (:
Can we please get this so that people can add spouses (if they did not do so during july fiasco).
I think he mentioned that it is for I 485 applicants and to me I 485 applicants are who filled AOS. Poor me (:
indigokiwi
03-14 02:34 PM
Is this still an issue?
Seems like it is still an issue.
"By week�s end, Congress is expected to (again) re-up funding for the federal government to (again) avert a government shutdown � for another three weeks.
Congress is slated to approve a three-week spending measure over the next few days that would extend a March 18 deadline to keep the government�s lights on until April 8. In the meantime, lawmakers hope they can agree on a longer-term continuing resolution through September when this fiscal year ends."
The link is here (http://firstread.msnbc.msn.com/_news/2011/03/14/6268162-with-another-short-term-budget-bill-on-horizon-patience-dwindles).
Seems like it is still an issue.
"By week�s end, Congress is expected to (again) re-up funding for the federal government to (again) avert a government shutdown � for another three weeks.
Congress is slated to approve a three-week spending measure over the next few days that would extend a March 18 deadline to keep the government�s lights on until April 8. In the meantime, lawmakers hope they can agree on a longer-term continuing resolution through September when this fiscal year ends."
The link is here (http://firstread.msnbc.msn.com/_news/2011/03/14/6268162-with-another-short-term-budget-bill-on-horizon-patience-dwindles).
Enginator
09-12 12:39 PM
If you didnt initially use your EAD to work, you should be fine because you have a valid H1B! See my other thread on this matter please.