krishnam70
05-06 11:52 AM
Here is my story, Immigration experts are requested to suggest.......
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
My H1 started from Oct 05 with Employer A.
Applied Labor in Feb 07, Approved in Feb 07.
I-140 approved in May 07.
Applied I-485 in July 07, still pending.
EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
Renewed EAD in Oct 08, valid till Oct 2010.
In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.
The project with Employer A finished on Nov 22, 08. (on H1)
Started new project with Employer B on EAD from Nov 24, 08.
(AC21 was not filed)
Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
Returns, W2, etc)
Due to miscommunication between me and Employer A, he was notified of my
new job on EAD with Employer B in march 09.
H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
contract not submitted. (It was not mentioned in RFE)
Never filed an AC21.
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
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shinjisakaru
05-25 01:26 PM
Fax sent
ItIsNotFunny
09-22 04:43 PM
Ignore distractors. Keep calling please. Play now and pay for ever or pay (20 minutes) now and play for ever.
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fcres
06-27 12:02 PM
Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.
more...
Gravitation
07-23 03:09 PM
I'm surprised that there's no poll on this.
johnmcdonald98
08-16 06:04 PM
all the best with your wife's SSN application. My wife got her EAD 2 months ago and next day only we applied for SSN. Still waiting to get one. We called them after 4 weeks of application and they say they are waiting from USCIS to respond with the legal status (confirming EAD) to issue this number. So after 2 months still status is same.
I asked them if there is anything we could do, answer is none.
Can i speak with your supervisor to get more info, answer is same.
According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...
I asked them if there is anything we could do, answer is none.
Can i speak with your supervisor to get more info, answer is same.
According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...
more...
DSLStart
03-10 08:31 PM
Yeah, definitely it looks like they are having problem only with certain states. Before this happened, I noticed that in Feb it allowed to transfer maximum of only $1000 to India in once transaction. Earlier the limit was some $5000 per transaction.
May have to shift to ICICI now. How is money2india e-Transfer? Hopefully their ACH direct debit is still operational. Is the service good and reliable?
Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)
May have to shift to ICICI now. How is money2india e-Transfer? Hopefully their ACH direct debit is still operational. Is the service good and reliable?
Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)
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webm
02-28 01:36 PM
Dear friends,
I am not fully clear on this..
Are they going to be seperate FP notices one for 485 and one for 765??
So far I have received only one FP notice..So does this effect EAD renewals??
Any one on the same boat??
Thanks!
I am not fully clear on this..
Are they going to be seperate FP notices one for 485 and one for 765??
So far I have received only one FP notice..So does this effect EAD renewals??
Any one on the same boat??
Thanks!
more...
number30
04-23 02:52 PM
My I-140 is still pending at NSC.
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:
Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.
So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?
You have 10 days times after moving into new apartment. See the first line in below application
http://www.uscis.gov/files/form/ar-11.pdf
I am planning to change my apartment. Same city, different zipcode, better deal!
Please advise when is AR-11 to be filed, is it based on lease start date or actual move date? :confused:
Here is my question:
In order to avail the deal, I need to "move-in" by 05.05.2009. So my lease at the new place will start on 05.05.2009.
Due some reasons, I cannot physically into the apartment till 05.16.2009. I will still be in my old apartment until then.
So when do I need to file an AR-11 form, by 05.15.2009 (10 days after my lease starts) OR 05.26.2009 (10 days after which I am physically in the new apartment)?
You have 10 days times after moving into new apartment. See the first line in below application
http://www.uscis.gov/files/form/ar-11.pdf
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priderock
06-15 12:49 PM
How about an option, I just got in to US and taking advantage of this situation by buying an approved LC for substitution ? Doubt any one would tell even if they are doing it :)
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green2007
09-13 02:49 PM
EB-3
Mail Date: June 29, 2007
Received Date: July 2, 2007 @ 10:25a singed by J. Barrett
RN
I 485- 9/12
I 765- 9/12
I 131- 9/12
Just be patient guys. I stop worrying about it and finally got all the receipt notice.
Good Luck
Mail Date: June 29, 2007
Received Date: July 2, 2007 @ 10:25a singed by J. Barrett
RN
I 485- 9/12
I 765- 9/12
I 131- 9/12
Just be patient guys. I stop worrying about it and finally got all the receipt notice.
Good Luck
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wandmaker
10-26 10:51 AM
You can extend your h1 by 1 year, if you labor has been pending more than 1 year. 3 year extension is allowed when you have the approved I-140.
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
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ping1
07-17 05:48 PM
Dear Lofgren,
Thank you very much for your effort.
Thank you very much for your effort.
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Munna Bhai
01-08 03:50 PM
Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
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vamsi_poondla
03-22 09:47 PM
Thank you for your replies. I will try and see.
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dc2007
08-05 10:48 AM
Any Senior member please help ....
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desi485
07-30 04:50 PM
You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864
Thanks Little_Willy for your help - it is people like you who makes this forum so valuable.
Thanks Little_Willy for your help - it is people like you who makes this forum so valuable.
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Ram_C
12-06 12:11 PM
bump
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
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tammman
10-06 09:34 PM
I totally agree with you...recently I moved to CA and it took me close to 2 months before I had 3 offers...I can see it can be frustating, distracting but keep +ve and it will be rewaded.
WeShallOvercome
11-01 02:16 PM
Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .
1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?
2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.
Need ur views.
I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.
The address I used is:
USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765
If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.
1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?
2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.
Need ur views.
I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.
The address I used is:
USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765
If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.
pom
10-15 01:08 AM
Looks great, No-tec. I'm 100% impressed.
pom :smirk:
pom :smirk:
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