hpandey
08-04 08:57 AM
I got my physical EAD card but my online status still says pending. Don't know what's going on at USCIS now.
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akgind
11-11 06:41 PM
I can feel your concern, jk. Am in the same situation. We just got our GC along with our daughter, EB2, PD of Aug02. Our son, however, turned 21 in 2004 and missed the boat because labor was stuck in BEC till 2007.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
anil_gc
11-26 05:29 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
I think the number on both will be the same so if you submit any one that is enough. When you come back you get a new I-94 number
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gondalguru
07-19 11:07 PM
Just curious.
Who played what role in the reversal of USCIS/DOS decision?
Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?
May be all of the above had its unique impact on USCIS's decision to accept I-485?
Who played what role in the reversal of USCIS/DOS decision?
Did IV core / AILA / Congresswoman Lofgren worked together in the back ground? Flower campaign / SJ rally / media - newspaper articles ?
May be all of the above had its unique impact on USCIS's decision to accept I-485?
more...
sanjose16
02-26 01:27 PM
What is the expiration date for her current H-4 I-94?
Jun 10 2009
Jun 10 2009
sbindval
07-15 08:03 AM
i'm in
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jungalee43
11-17 10:31 PM
Great Job. I left NC just a year ago. Wish I was there with you to be a part of this. But anyway I am active in my new state IV chapter.
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pappu
04-07 04:59 AM
Check news article thread first post and modify the text. We would prefer everyone writes a simple post in their own words. It does not need to be long. For more details they can look at IV site.
more...
Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
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arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
more...
andy garcia
02-20 08:02 AM
Can we send the application early, like one week in advance ?
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
Taken from I-129 Instructions, page 13:
When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
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rheoretro
10-03 12:06 PM
The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
Then Numbersusa or other anti-immigration groups have no points to raise against us
NYCgal369,
An H1-B never takes a job away from a US citizen...I know you know this, and meant it, but please amend your post, so that our friends on the other side don't start using our words disingenuously against us. As for the point that you brought up, I drove home that point repeatedly at an event in Washington, DC last Friday: we have already applied for our green cards.
Best,
RR.
Then Numbersusa or other anti-immigration groups have no points to raise against us
NYCgal369,
An H1-B never takes a job away from a US citizen...I know you know this, and meant it, but please amend your post, so that our friends on the other side don't start using our words disingenuously against us. As for the point that you brought up, I drove home that point repeatedly at an event in Washington, DC last Friday: we have already applied for our green cards.
Best,
RR.
more...
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chapsi29
08-01 09:37 AM
My husband has got a query on his I-140 now and it would take another 2-3 months before USICS makes a decision. His company is not doing well financially and we are worried if the I-140 would get denied. My understanding is, if the I-140 gets denied, the EAD will no longer be valid.
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
Would anyone happen to know what would happen to the EAD, if the company files a MTR (Motion to Reopen) and appeal against the I-140 denial (if it happens) ?
Thanks
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innervoice
07-15 12:16 PM
I have a EAD valid for next 2 years and H1 is also valid till Nov 2010, my employer want to cancel my H1 and to put me on EAD. Is there any kind of risk involved in doing so, Please suggest.
more...
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memyselfandus
02-08 01:23 PM
Once H1B is expired; one cannot renew the H1B inspite of 485 under pending. Expired EAD can be renewed but not the H1B.
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nousername
02-02 08:25 PM
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
Answer: At least three months before your H1 expires.
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
Answer: No.. She is already doing business, which she can not if she goes back on H4. If she is making money then no point going for H4.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
Answer: As the previous member said, both are separate issue, so don't worry and just apply for her AP.
My two cent: You should apply for your EAD and AP as well...
Answer: At least three months before your H1 expires.
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
Answer: No.. She is already doing business, which she can not if she goes back on H4. If she is making money then no point going for H4.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
Answer: As the previous member said, both are separate issue, so don't worry and just apply for her AP.
My two cent: You should apply for your EAD and AP as well...
more...
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paskal
08-28 12:57 PM
but hopefully a lot less :D
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wandmaker
11-24 08:32 PM
copsmart: Take an infopass appointment and explain your situation to infopass officer, s/he will be able to guide you. I personally think, you will have to refile your EAD and AP with strong cover letter, and remember to write DO NOT OPEN IN MAIL ROOM. It might have been the reason, why your last refiling might have been returned by USCIS mail room contractors. Do an infopass appointment before you resend your file.
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h1-b forever
04-14 02:30 PM
I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)
I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.
What are my options?
I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.
What are my options?
belmontboy
06-03 09:04 PM
any ideas about 1-2day /night cruise from Houston/Galveston ? I want to avoid Immigration checks.
Thanks in advance.
there is a wonderful app called "GOOGLE". That would help you
follow these steps:
Procedure A
1.) type www.google.com
2.) in the small box that appears, type cruise deals
3.) click enter
4.) in the results page that you may or may not get [depending on what crap u typed in step 2] open each page
for eachpage follow the below things
Procedure B
1.) click on page
2.) look for the deal you want
3.) if you find it, then book
4.) if you don't find, then click on back button
repeat the above [procedure B] until u get what u want
if u don't get anything from above steps then retry procedure A with a different keyword.
i hope I have technically enlightened you with the magical powers of search engine!!!
Good luck :D
Thanks in advance.
there is a wonderful app called "GOOGLE". That would help you
follow these steps:
Procedure A
1.) type www.google.com
2.) in the small box that appears, type cruise deals
3.) click enter
4.) in the results page that you may or may not get [depending on what crap u typed in step 2] open each page
for eachpage follow the below things
Procedure B
1.) click on page
2.) look for the deal you want
3.) if you find it, then book
4.) if you don't find, then click on back button
repeat the above [procedure B] until u get what u want
if u don't get anything from above steps then retry procedure A with a different keyword.
i hope I have technically enlightened you with the magical powers of search engine!!!
Good luck :D
needlotsofluck
07-24 08:59 PM
My attorney signed my I-485 AOS/EAD/AP applications and posted them on July 2nd as he was in a hurry to apply because of July 2nd scenario. Is it ok for the attorney to sign our papers. Is anybody in the same boat as me. I am a little concerned as the USCIS FAQ says application can be rejected if signature is missing. The application reached USCIS on July 3rd.
My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.
My attorney also did the same. I did not sign on my application. But he sent me power of attorney to sign. They did this since they were beating the July 2 brouhaha which previous to that week, they already knew what's going to happen.
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