bang
03-24 04:59 PM
You should mention both the intent, i did that last year and it was no problem (it was in seattle where i applied for Visa)
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perm2gc
06-28 01:07 AM
A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
yes.
yes.
pramodirt
12-06 11:49 AM
Hi Thanks SGP for the response.
I applied to Vermont.
In case if I wont get receipt notice by Dec 15, is it ok to leave US on Dec 15th or I have to leave US before Dec 15th?
I applied to Vermont.
In case if I wont get receipt notice by Dec 15, is it ok to leave US on Dec 15th or I have to leave US before Dec 15th?
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sku
12-26 05:52 PM
^^^Bump^^^
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GlobeTrotter100
10-11 10:59 AM
thanks, gc chahiye!
clear485
08-21 11:50 AM
Anybody?
PD : 2003-Jan - EB2 (India)
RD : 2003-Nov
Inquired through Service Request(4)*, Infopass(12), Congressmen(2), Senator(2), Ombudsman(2), AILA(1), Letter to VP(1), Letter to FL(1), FOIA(1)....
Only WOM is left....
*() - No of times
Had 8 lbs of inquiry papers, applications with me so far.....If I go for WOM then it might reach to 12 lbs.....
PD : 2003-Jan - EB2 (India)
RD : 2003-Nov
Inquired through Service Request(4)*, Infopass(12), Congressmen(2), Senator(2), Ombudsman(2), AILA(1), Letter to VP(1), Letter to FL(1), FOIA(1)....
Only WOM is left....
*() - No of times
Had 8 lbs of inquiry papers, applications with me so far.....If I go for WOM then it might reach to 12 lbs.....
more...
nashorn
12-12 01:11 AM
You can find out by calling USCIS. There is thread here teaching tricks to get to talk to a immigration/field officer. If you can do that, you can ask him/her, and may get the answer.
By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.
By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.
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Abacus101
05-12 01:30 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
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aachoo
08-21 04:12 AM
Do I have to pay for my green card again if the INS made a mistake on my birthday? Need to know if there are any under the table jobs in Lake Havasu City,AZ. My green card expired in 2004. I have an AZ license and a social security card. Can I work with expired card? Please help!
Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
-a
Sorry not sure you will find advice or support here- This is a LEGAL immigration site.
-a
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rim1122
10-05 10:54 PM
Hello,
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
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ak_2006
04-30 04:52 PM
Better ask your current employer for extension in August (as your H1 is expiring in Sept last week). But we never know about full time jobs and offer can go either way in last minute. So, keep in loop the current employer. If you won't get full time offer by July end, start process with current employer.
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martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
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justAnotherFile
03-21 11:57 PM
bump ^^
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validIV
02-03 09:54 AM
I am assuming your wife is H4? H4 to F1 shouldnt be a problem, this is the same path I took years ago before becoming H1.
There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.
Good luck.
There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.
Good luck.
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MrZ
10-25 03:02 PM
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
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kshitijnt
04-30 01:14 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
Thanks in advance.
does not hurt to get a new one.
Thanks in advance.
does not hurt to get a new one.
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crystal
09-01 06:00 PM
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
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Kapils573
12-12 10:42 AM
Thanks
Kapil
Kapil
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patriot01
09-25 02:20 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
levelup2
11-21 10:04 AM
Thanks for all your post
bhanukumar
02-28 01:25 AM
Thanks for the reply roseball. My question is the new I-94 number that I got with I-797 does not match with what was given at POE but it matches with my husband's old I-94 (which is because of the error when applying).
Is this something we need to apply for correction to match with my old I-94 number which was given at POE?
Is this something we need to apply for correction to match with my old I-94 number which was given at POE?
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