sk017
08-03 11:06 PM
My I-485 is pending with PD of Oct 11 2006(EB2 India). I have been on H1 as was not able to add my spouse to my initial 485 application. As my H1 expires on Sep 6, we recently filed for H1/4 extension and received an RFE for Employee-Employer relationship. We have to answer this by Sep 13. As a Plan B, What we did in June 2010 was
a) I filed for my EAD
b) My spouse got admitted into a school here and applied for COS from H4 to F1 with a valid I-20.
Both of these cases are currently pending.. My questions are:
1) As our H1/4 and I-94 expires on Sep 6, Would we still be in legal status after Sep 6 as both of our cases (EAD and COS) are pending?
2) After answering the RFE, if it is denied, would it impact my GC processing?
3) I understand that even if my H1 is denied, As I have a pending EAD, my status would be okay but what options would we have if my Wife's case is denied.
Thanks in Advance!
a) I filed for my EAD
b) My spouse got admitted into a school here and applied for COS from H4 to F1 with a valid I-20.
Both of these cases are currently pending.. My questions are:
1) As our H1/4 and I-94 expires on Sep 6, Would we still be in legal status after Sep 6 as both of our cases (EAD and COS) are pending?
2) After answering the RFE, if it is denied, would it impact my GC processing?
3) I understand that even if my H1 is denied, As I have a pending EAD, my status would be okay but what options would we have if my Wife's case is denied.
Thanks in Advance!
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ektha123
12-19 06:50 PM
HI
if we apply ssn on ead istead of h1 will H1 get cancelled.please suggest me.
if we apply ssn on ead istead of h1 will H1 get cancelled.please suggest me.
gmb
03-03 11:49 PM
Yes, this is confirmed by a USCIS memo in Dec 2006. Here is the link from USCIS website
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
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coralfl
04-09 01:05 PM
I renewed EAD twice using e-file. So far it was all smooth. Very first time I had paper filed and went for FP-ing. Since then renewed twice for myself and my wife - no FPing...got the card smoothly. Again this is USCIS .. someone might have had completely different experience...
more...
SpookyH1Alien
05-20 04:02 PM
I am very sorry to hear about your situation. Yes, you can bring your sister here on a visitor's visa to stay with you but she has to go back in 6 months.
invincibleasian
02-17 06:02 PM
Another useful thread!
more...
jessie1981
08-01 02:32 PM
Conclustion: "This Court finds that the FBI owes no duty to an applicant to process his or her background check. Absent a duty to the applicant, neither the Mandamus Act nor the Administrative Procedures Act confer jurisdiction on this Court over the FBI. Without an independent basis for jurisdiction over the FBI, and since the Declaratory Judgment Act does not confer jurisdiction, this Court is without subject matter jurisdiction to review any decisions or actions of the FBI regarding its processing of a background check for CIS that is related to immigration matters."
It seems that suing FBI becomes ineffective now.
It seems that suing FBI becomes ineffective now.
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Foster2007
07-08 10:51 PM
All,
Over the past few days we have been successful in getting good media attention BUT except for NYT, the coverage has not focused on the issues that are relevant and will draw the attention of the policymakers. I think the media drive should focus on getting the following issues highlighted:
1. Lapse in protocol when issuing green cards
a) Green cards issued WITHOUT security clearence
b) Green cards issued to those whose PD was NOT current in June
2. Obvious intent to NOT accept applications in July so that they can receive the same with a higher fee in the future. This at the cost of making a mockery of hundreds of thousand of hopeful legal immigrants
I think the media drive should focus and highlight the above and other key issues rather than merely reporting on the sequence of events. Please share your thoughts and add to the list above
Over the past few days we have been successful in getting good media attention BUT except for NYT, the coverage has not focused on the issues that are relevant and will draw the attention of the policymakers. I think the media drive should focus on getting the following issues highlighted:
1. Lapse in protocol when issuing green cards
a) Green cards issued WITHOUT security clearence
b) Green cards issued to those whose PD was NOT current in June
2. Obvious intent to NOT accept applications in July so that they can receive the same with a higher fee in the future. This at the cost of making a mockery of hundreds of thousand of hopeful legal immigrants
I think the media drive should focus and highlight the above and other key issues rather than merely reporting on the sequence of events. Please share your thoughts and add to the list above
more...
hibworker
12-07 04:22 PM
Yes, as long as you have valid AP, you can re-enter and resume working on a valid EAD.
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mojo_jojo
03-14 02:21 PM
y is the family based vb jumping by 1 month each time only?
while it was jumping by 2 months this time last year?
:(
while it was jumping by 2 months this time last year?
:(
more...
bkarnik
04-02 05:11 PM
A friend of mine was recently stuck in administrative processing from November till March 13th (he was informed about the approval on March 18th) a total timeframe of 5 months. He reached the US on March 22nd and was admitted on H1 without any issues.
He sent me the following facebook link which list at least 200 such cases of similar souls.
"Here is a link to Facebook group on visa delay the kind I had. There is a spreadsheet which lists a sample of 200 cases since Nov.
http://www.facebook.com/reqs.php#/group.php?gid=50933335266
Please be aware of it."
Not sure if this has been listed before, but thought members would like to know about it.
BKarnik
He sent me the following facebook link which list at least 200 such cases of similar souls.
"Here is a link to Facebook group on visa delay the kind I had. There is a spreadsheet which lists a sample of 200 cases since Nov.
http://www.facebook.com/reqs.php#/group.php?gid=50933335266
Please be aware of it."
Not sure if this has been listed before, but thought members would like to know about it.
BKarnik
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Blog Feeds
04-19 08:00 AM
If you're stuck in the US because of the Iceland volcano and it is causing you to overstay your I-94 departure date, you have options. Customs and Border Protection has just posted this notice: Travel Advisory: Delays Due to Icelandic Volcano Eruption (04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief: If the traveler is at the airport and traveling under the...
More... (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)
more...
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rajenk
04-09 01:32 PM
All your questions should be to your immigration attorney. As you are trying to get L1 your company should take care of all these.
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gkopparam
08-14 03:03 AM
I am doing my second masters from a university with a valid i20. I have a CPT till the end of Aug 2008. I have a approval notice for H1B with start date of OCT 1 2008.
I am planning to discontinue the course from Fall (Starts sep 1st) 2008. Because there is only one month gap between Fall Semester and H1b start, is it possible i stay in the US without taking any courses at the university. i do not mind not working if i have an option to stay back in US till oct 1st.
i am trying to avoid a hefty fee for the whole semester, i need to fill the gap from SEP 1st 2008 to OCT 1st 2008
thanks
I am planning to discontinue the course from Fall (Starts sep 1st) 2008. Because there is only one month gap between Fall Semester and H1b start, is it possible i stay in the US without taking any courses at the university. i do not mind not working if i have an option to stay back in US till oct 1st.
i am trying to avoid a hefty fee for the whole semester, i need to fill the gap from SEP 1st 2008 to OCT 1st 2008
thanks
more...
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Legal
07-24 04:30 PM
I see lot of excitement about asking USCIS about filing for I-485
even when visa numbers are unavailable. I am afraid this may
not work.
The ombudsman report 2005 was very critical about temporary EADs being issued to "potential terrorists" without proper background check. Filing for I-485 and getting EAD is like a limbo state btween GC and H1B. This approach may not gain much support.
(1) How about proposing that they should do FBI name check with I-140?
This is the petition for immigrant visa.
(2) Those who have approved I-140 but haven't filed for I485 due to
retrogression can apply for FBI name check separately.
(3) These added "security measures" will boost our chances of getting them OK to file for I-485 even when PD is not current.
p.s
the argument that FBI name check is valid only for a breif period is stupid, but it may be forthcoming. The response is what if some one commits terrorism 6 months after getting GC:D
even when visa numbers are unavailable. I am afraid this may
not work.
The ombudsman report 2005 was very critical about temporary EADs being issued to "potential terrorists" without proper background check. Filing for I-485 and getting EAD is like a limbo state btween GC and H1B. This approach may not gain much support.
(1) How about proposing that they should do FBI name check with I-140?
This is the petition for immigrant visa.
(2) Those who have approved I-140 but haven't filed for I485 due to
retrogression can apply for FBI name check separately.
(3) These added "security measures" will boost our chances of getting them OK to file for I-485 even when PD is not current.
p.s
the argument that FBI name check is valid only for a breif period is stupid, but it may be forthcoming. The response is what if some one commits terrorism 6 months after getting GC:D
dresses (And speaking of stupid ideas
pani_6
01-14 04:41 PM
I meant Papu..We have not yet heard from IV Core..I know funds may be an issue to do hard lobbying..can we use soft campigning like letter and Fax campign to turn attention to the legal issue..I thought it was time to pick up momentum now..
How about letter and Fax campaign to Key Congressmen..?. Papu?:)
How about letter and Fax campaign to Key Congressmen..?. Papu?:)
more...
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01-20 04:24 AM
I just realised about this competition when I saw this on the main site "FXpression 09 Contest ends January 20th"
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Digitalosophy
10-30 12:00 PM
Change the wording of your title and thread or it will be removed, job seekers is a serious forum for people looking for work, not for jokes.
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belmontboy
03-15 10:41 PM
Hi,
I got H1 in 2008.
I want to that till how much time is the petition valid , if I dont go for stamping.
Also , suppose my company withdraws the petition, so now till how much duration my cap number is valid?
Expiration date will be mentioned on I-797 approval notice
you will be counted only once against cap. and you can be on H1/L1 for total of 6 years (without a break) - ofcourse assumption is that you never file for a GC
I got H1 in 2008.
I want to that till how much time is the petition valid , if I dont go for stamping.
Also , suppose my company withdraws the petition, so now till how much duration my cap number is valid?
Expiration date will be mentioned on I-797 approval notice
you will be counted only once against cap. and you can be on H1/L1 for total of 6 years (without a break) - ofcourse assumption is that you never file for a GC
eb3India
03-08 09:46 PM
"The first proposal for immigration reform this year is expected to be introduced by Senators John McCain and Kennedy in the next week"
Here is the statement from this article, how did they predict this timeline,
something is cooking
Here is the statement from this article, how did they predict this timeline,
something is cooking
solaris27
05-27 09:22 AM
Hi
My Wife was working as sole proprietor and she is planning to open Single Person LLC.
She is also planning to start her second business.
1) Can she do multiple businesses in ONE LLC?
2) Will she file multiple Schedule C for EACH business ( If you have one person LLC you can file taxes in Schedule C) ?
3) Does she has to apply for new Federal ID or she can use same she was using in Schedule C for this new LLC also?
Thanks
My Wife was working as sole proprietor and she is planning to open Single Person LLC.
She is also planning to start her second business.
1) Can she do multiple businesses in ONE LLC?
2) Will she file multiple Schedule C for EACH business ( If you have one person LLC you can file taxes in Schedule C) ?
3) Does she has to apply for new Federal ID or she can use same she was using in Schedule C for this new LLC also?
Thanks
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