brick2006
02-08 10:33 PM
am in my 8th year H1 due to expire in april...with an approved 140.(not a june 07 filer..no EAD)
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
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MCQ
04-22 02:24 PM
Here is my interpertation,
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
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06-03 09:10 PM
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dskhabra
04-02 01:12 PM
I did paper filing (TSC) and got EAD in less then 3 weeks. I filed on 3/7 and got it on 3/26. I think you should get it soon.
more...
ramausa
09-04 05:13 PM
thanks for your reply.what do you mean by consular processing?
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
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siddh_g
05-06 03:05 PM
Hello,
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
more...
vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
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sss9i
09-27 05:05 PM
I think so....
So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??
So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??
more...
sc3
11-16 09:34 AM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
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eb2_mumbai
10-26 09:36 AM
Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.
more...
masterji
01-27 11:34 AM
The consulate gave it back when I showed him my AP.
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sunny
11-27 04:31 PM
The waiting time at US Embassy in Delhi is less then a week.
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ksrk
04-10 05:50 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
AFAIK, you are required to file these applications with the NSC. How and why cases get transferred to TSC is not known - mostly speculation.
This isn't legal advice - just based on information I have read up a while back - not sure if anything has changed in the last couple of years...
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
AFAIK, you are required to file these applications with the NSC. How and why cases get transferred to TSC is not known - mostly speculation.
This isn't legal advice - just based on information I have read up a while back - not sure if anything has changed in the last couple of years...
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tw00ne
06-26 12:13 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
more...
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instantkarma
01-28 01:59 PM
hello,
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
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hibworker
09-15 07:10 PM
Visa bulletin date is set to April 01 for Oct 09 bulletin. For Sep 09 bulletin, EB3 is U
more...
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draino
04-15 11:30 AM
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ivgclive
04-25 04:24 PM
Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
1. Will there be any issues?
2. What am I supposed to say for this question in the visa application website?
"Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)
The VFS website says the following:
"The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have a U.S. visa that expired more than 12 months ago.
"
Thanks.
1. Any Issues?
As for as the standard procedures concerned, you will have no issues. There are chances for 221g, definitely not because of you have let the visa stamp expired, but if they need to check about your company.
2. You should choose "NO". You have crossed the timeline for a visa renewal queue and it is considered as a new h1 stamp. Keep in mind that this is just a queue, who gets appointments before you + can stand in front of you. As soon as you reach the counter, the procedures of how your request is validated by the visa officer is same as every other H1.
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kannan
03-27 03:14 PM
Can anybody tell the stages in I 485 approval.
Backround check
previous status in this country
Medical
what else they check during this stage?
Backround check
previous status in this country
Medical
what else they check during this stage?
mzafar125
11-12 11:56 AM
bump
fixxer
07-16 01:55 PM
It looks to me like they made a mistake on the valid dates for the new EAD. That happened to me last year, I received my new EAD card and it was only good for 1.5 months.
I had to mail them the card and after a couple of calls and some headaches they sent me a new EAD card, this time valid for 2 years.
Good luck!
I had to mail them the card and after a couple of calls and some headaches they sent me a new EAD card, this time valid for 2 years.
Good luck!
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