nrakkati
08-15 01:52 PM
was it send to nebraska or texas ?
Nebraska.
Nebraska.
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mna123
07-30 05:38 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
axp817
04-09 02:54 PM
Is this legal?
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
Yes.
Is it a common practice?
Apparently.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Yes, and you can also work on the EAD, unless the 485 denial notice specifically states that the EAD is also revoked/denied/rendered invalid, in which case, you can't use the EAD to work, but you are still okay to be in the country.
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Chances of a 485 application being denied multiple times due to the same reason are bleak, although if it does happen (wrongful denial of course), or if it is denied multiple times, but due to a different reason each time, my understanding is that you can keep challenging/appealing the decision.
Good luck.
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go_gc_way
05-23 10:22 PM
A job well done Salil Pradhan ..
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".
more...
shirish
02-23 02:21 PM
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
deecha
07-16 03:02 PM
Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.
I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.
What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.
I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.
What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.
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kaisersose
04-28 04:22 PM
Hello,
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
This is how I see it.
What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.
If you cannot find any, then simply switch to EAD.
I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.
This is how I see it.
What you should really consider is to see if there are possible reasons for your spouse's 485 to get rejected.
If you cannot find any, then simply switch to EAD.
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inskrish
08-03 12:27 PM
I am freaking out thinking that my application fell behind a desk somewhere....
That seems better than my case. I had a dream in which the mail room clerk used my application to put his donuts and coffee.:)
Regards,
IK
That seems better than my case. I had a dream in which the mail room clerk used my application to put his donuts and coffee.:)
Regards,
IK
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sansas
01-21 04:19 AM
rumour say retrogression may lift on march 2009, is it true????
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stupendousman11
08-22 01:14 PM
EB2 India from NC.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
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hnordberg
July 15th, 2004, 11:55 AM
Wow! That is an amazing image!
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vdlrao
10-26 09:53 AM
I have observed the same thing.
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Ψ
06-06 11:48 AM
dude u are exactly ite blue mean good and red means evil.........
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Imm_Exploited
07-30 11:00 AM
I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.
2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).
3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?
IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.
Sincerely - IE
more...
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chanduv23
12-24 09:13 AM
Congratulations to IV and its great leaders.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
Congratulations to all the members for holding this fortress.
Congratulations to all the selfless volunteers who have dedicated time, skill, effort and money on IV.
We must also congratulate Anti immgrants, Dormant members, Freeloaders, people with no faith in hard/good work because you help in making the organization stronger day by day.
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gemini23
07-27 08:34 AM
Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?
more...
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looivy
08-15 11:24 AM
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
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helph1b
08-28 07:03 AM
Hi Vani,
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009. But there is really no clue if the packet sent was really mine. So we are hopeless.
Are you still in contact with your employer about the H1 application case?
Let me know if you get any updates.
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satishku_2000
10-05 06:53 PM
If your jobs requires masters in computers or equivalent experience in computer related field.. get ready to answers to questions such as "How a 3 year degree in zoology or botany is equivalent to masters in computer science" at I 140 stage. One has to be ready for possible denial at 140 stage too.. Given the way NSC is processing 140s now a days , you should probably have a plan B in place if you dont have enough time left on H1b
amitga
03-17 11:29 AM
Its SUTAIN Act not STRIVE Act.
tertip
03-11 08:04 PM
Arkbird,
I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.
I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.
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