sodh
07-18 06:30 PM
Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.
Please follow this advice and answer ASAP.
Please follow this advice and answer ASAP.
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raamskl
08-15 09:32 PM
Travel on AP and work on H1B? Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?
Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.
But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.
Cheers.
Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.
But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.
Cheers.
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GCard_Dream
07-28 04:43 PM
Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
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Maverick_2008
04-16 09:14 AM
Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
more...
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roseball
08-21 11:00 AM
Hi All,
Can we follow up case details only with WAC Receipt from both TSC and NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.
Thanks
Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.
Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....
Looks like there is no order to this madness.....
Can we follow up case details only with WAC Receipt from both TSC and NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.
Thanks
Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.
Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....
Looks like there is no order to this madness.....
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shreekhand
07-25 05:23 PM
He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
more...
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sayantan76
06-01 06:55 PM
It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .
I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...
But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....
But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.
I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...
But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....
But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(
you do not need to be on L1A to apply for EB-1 managerial as long as you meet the requirements of being a manager as per USCIS definition. also eb-1 managerial is not a self-file - it needs to be filed by employer.
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sam_hoosier
07-25 05:04 PM
Hello folks,
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
Your lawyer should be able to help you get a duplicate I-797 if your employer cannot find the upper portion. I believe you would need the entire document when you go for H1B stamping.
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
Your lawyer should be able to help you get a duplicate I-797 if your employer cannot find the upper portion. I believe you would need the entire document when you go for H1B stamping.
more...
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kriskris
08-30 11:45 PM
I strongly discourage the word "Attroney" for everything. Just because of memebers like kriskris these Attroney's are living lavishly. What the heck these Attroneys know that we don't know. Don't we know how to write our names? Don't we know how to fill an application form? Please stop saying "Attroney" for everything. These are not complex things. Please note according to one survey 70% of Americans don't know how to fill Bank application. Attroneys are just making the money out of this situation.
Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...
Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attroney".
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Yes, I agree Attroney's are required for quite complex things..but not for H1 extension, I-485, H1 stamping etc etc. Glad that we could able to eradicate Attroney culture completely for H1B stamping. I eagarly look forward the same situation to applying for H1, I-485 etc in the future ...
Please help above member how to apply H1 extension if you know..Please stop using the sentence "Contact your Attroney".
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
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gc0402
07-25 12:23 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
Thanks!
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
Thanks!
more...
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gc_bucs
03-25 01:10 PM
Well this is a organization that is run by volunteers and given what they are already doing I personally don't expect them to notify everytime a web fax is put up. I just make it a point to check the website regularly and do whatever I can to chip in...thats my 2 cents...
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
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pappu
07-19 02:08 AM
Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.
more...
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saisravan
07-23 07:45 AM
Hi
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
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shaikhshehzadali
07-11 02:03 PM
May be it was the Attorney General Alberto, not Emilio Gonzales. He is coming after you for bribing a federal official.
Just Kidding :) But interesting though.:cool:
If u see the tracking...the package has been redirected..I am sure..it's not the Gonzales who u think he/she is.
Just Kidding :) But interesting though.:cool:
If u see the tracking...the package has been redirected..I am sure..it's not the Gonzales who u think he/she is.
more...
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Imigrait
03-05 06:47 PM
Agree with hpandey
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amirani
03-03 05:27 PM
Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
Thanks for the response.
The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....
more...
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illusions
04-07 11:13 AM
Wish u all the best.... wow 6 years...!
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zoooom
10-27 11:33 AM
So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.
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GCMan007
06-23 08:24 PM
My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
abdulazeez77
08-14 06:06 AM
On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.
Regards,
Azeez
Regards,
Azeez
lfadgyas
02-15 08:02 AM
I guess there is a �law� which allows the Attorney General to cancel your removal process if certain conditions are exists. So, this is not automatically granted like you can file for it �hey I�m here more than 10 years �� it states only that they �may� cancel the removal� ( by the way this is during the deportation process � so probably you do not want to test this part)
Read below:
INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
Sec. 240A. 1/ (a) Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-
(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-
(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Read below:
INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
Sec. 240A. 1/ (a) Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-
(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-
(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
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