sertasheep
04-03 06:01 PM
Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
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humsuplou
03-09 12:54 PM
Yes, you can run a business on EAD.
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
You can own a business on H1-B too. But you cannot work for it . You can invest and have someone manage the operation for you. you can take profits but not work as an employee.
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
aat0995
05-02 08:39 AM
It seems no one else is in this boat. Strange.
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bigboy007
07-10 07:13 AM
The only advantage now is if lawsuit wins then people who has submitted will be better position but i dont recommend submitting now as the current situations will help if at all it is , for who applied before July 2.
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rajenk
01-16 09:00 PM
Thanks Raj for your reply.
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
1. Yes you can certainly do that too.
2. If your PD would be current by the EB2 PD port, yes you can file I-485 along with the amendment request.
ck_b2001
07-26 02:56 PM
I didnt send the checks,our lawyer did.So,i dont have a clue when they were cashed.
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
more...
darsh678
02-12 08:46 AM
This is what i think as being optimist
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
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ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
more...
mohican
02-14 04:36 PM
How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
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GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
more...
Chris Rock
08-12 01:27 AM
IV core,
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
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PDOCT05
11-03 09:28 AM
Did you called USCIS?If not call them and check ask for the status.
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jhokimi
02-02 01:37 PM
I filed for labor cert in april 28, 2004 and I now have all approved including I-140. My I-485 receipt date is July 3, 2007 in Nebraska. Does teh July 19 date USCIS is showing mean I will get my green card soon. What should I expect moving forward and what type of timeline?
Thanks guys for all your help.
Thanks guys for all your help.
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ash_2005
09-12 03:36 PM
Not in the system yet, and no checks cashed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
Submitted: June 30, 2007
Reached USCIS: July 2nd, 2007
Signed for by: J.Barrett @ 10:25 AM
I have no clue as to what is going on here ...worrying indeed.
more...
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quizzer
11-01 02:38 PM
Admins/Moderators:
Can this be taken up with USCIS???
Thanks
Can this be taken up with USCIS???
Thanks
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delhis_007
06-04 06:10 PM
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
Thank you.
delhis
more...
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kartikiran
01-14 10:41 AM
Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.
Hope that helps.
Hope that helps.
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santb1975
05-15 02:46 PM
//
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Members listed below helped us reach our first 10K:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100
Members listed below are helping us reach our second 10K:
axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,
Members listed below signed up for recurring contributions in this drive:
snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50
Total $$ so far: 16256
Recurring Contributions: 10
Members Contributed so far: 167
Members listed below helped us reach our first 10K:
gconmymind-51, snathan-50, smanikandan-100, ahasan-100, MunnaBhai-100, vineet-100, rameshk75-50, mariusp-35, gcfordesi-50, belmontboy-100, Houstonguy-200, vikasw-50, kshitijnt-100, pune_guy-100, walking_dude-100, prasha98-100, ivvm-50, manojp4-100, Pineapple-200, sammyb-50, ca_gc-100, santb1975-100, nav_saini-100, gcpadmavyuh-100, pcs-100, akbose-100, eastwest-50, ubetman-100, pmurgai-100, deba-100, 5-Jun-100, wa_Saiprasad-100, chaukas-100, arunmohan-50, jimytomy-100, aspiration-50, prshah102-100, czar_the_king-100, maverick6993-100, eb3_nepa-100, kumar_77-50, Alien-100, nagio-100, vin13-100, manja-100, loti_GC-50, sonaliak-100, mdmd10-100, surabhi-100, m306m-100, malaGCPahije-100, patbose-50, clif-100, goel_ar-50, dba9ioracle-100,djit71-100, Jitamitra-100, rajtp-100, espoir-50, rp0lol-100, kicca-50, rajmalhotra-100, anuraj1234-100, yetanotherguyinline-100, MI member 1-100, MI member 2-100, NolaIndian32-50, poreddyp-100, Karthikthiru-100, pshah-100, tapukakababa-100, h1techSlave-100, uffyegc-100, rameshk75-50, Nagireddi-100, srinivas_o-100, nc14-50, aa2aa-100, add78-100, jbr-100, jayleno-100, naidu2543-50, vansvenkat-100, amit_sp-100, gova123-100, psvk-100, xlr8r-100, 65B4GC-100, asanghi-100, GCneeded-100, tampa2006-100, gnlbigte-50, newuser-100, deafTunes123-25, gandhig-100, srmeka-100, akred-100, gc_maine2-100, gconmymind-50, gc78-100, sirinme-100, lalithkx-100, aspiration-50, reedandbamboo-100, GreenMe-100, GreenMe-50, jnayar2006-100, wizpal-100, aubGC-100, raminmd-100, mpadapa-50, nightowl76-100, NolaIndian32-100, birbal-100
Members listed below are helping us reach our second 10K:
axp817-50, ngodisha-100, preethamsp-50, pappusheth-50, niklshah-50, coopheal-100, espoir-50, JacK41-50, velan-50, sk298-100, ak_2006-100, snowshoe-50, m306m-50,new_horizon-100,ho_gaya_kya-50,sundar-1000,continuedprogress-100,rongha_2000-100,cmdline-100,imv77-100,justwait-50,kvrr-50,conchshell-100,npperi-100,for_gc-100,sam2006-100,pyar555-100,tcsonly-100,axp817-50,GTGC-100,arbhaat-100,GC4All-100,dagu1234-50,ramaonline-50,mohmd1-100,wantgc23-100,mohan_ada-100,psam-100,nil-100,askbz1-100,hsshah-50,everwaiting-100,swamy-100,reddymjm-50,abqguy-25,ca_immigrant-50,elaiyam-100,waiting4gc-100,vdlrao-100,tampa2006-100,vasu-100,ashkam-100,skk2004-100,mpadapa-100,msaheb-100,gconmymind-50,pnagar-100,grupak-100,rameshk75-50,minimallist-100,Green.Tech-100,srkamath-100,
Members listed below signed up for recurring contributions in this drive:
snathan-50,gcfordesi-50,sammyb-50,eastwest-50,loti_gc-50,naidu2543-50,mpadapa-50,firhill-50,dslamba-50,manojp4-50
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jsb
09-13 12:57 PM
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
Yes, delivery at 10:25 and received by J BARRET at NSC. I-140 at TSC, so I assume case was transferred to TSC. Nothing heard yet. Called yesterday, was told to wait for another 30 days.
EB2-India
PD May 2004
I-140 June 2006 at TSC
Canadian Citizen for 25 years
Thanx!
Yes, delivery at 10:25 and received by J BARRET at NSC. I-140 at TSC, so I assume case was transferred to TSC. Nothing heard yet. Called yesterday, was told to wait for another 30 days.
EB2-India
PD May 2004
I-140 June 2006 at TSC
Canadian Citizen for 25 years
HRPRO
02-22 02:10 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
sangmami
08-16 10:09 AM
i called the bank too and they cant read the check neither..i can see a number starting with ent only....where in the checkexactly do we look for the receipt number.
thanks
thanks