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Friday, July 1, 2011

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  • tanmoymuk
    03-02 02:09 PM
    I recently got my EB1 I-140 approved. Now my lawyer wants to apply for the I-485 but I am unemployed currently. What are my options in this case? Do I show I am self-employed and apply the I-485 or wait till I get a job.

    Just as a background I already have a EB2 Employer based I-485 in process and therefore have the EAD and AP in hand. The EB2 I-485 was applied in 2007 so it is past the 180 days period.

    Urgent help will be greatly appreciated.

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  • sangmami
    07-17 02:06 PM
    Just Posted
    Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)

    saw in aila...any details

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  • NH123
    01-12 11:22 PM
    I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.

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  • jonty_11
    07-31 05:44 PM
    not relevant for recipt...

    Receipt notices for 485 ead ap is be receipt date ,,,not COuntry of origin or PD

    ur 485 approval will depend on ur PD...and until Oct 2007 all VISAS are unavailable...so atleast till Oct 2007 ur 485 will not be approved...

    Read up on the process meanwhile and educate urself


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  • HuaRhoda
    02-03 02:16 AM
    I have applied for h1 transfer, uscis asking for purchase order.When i check with my employer he told me i have to get into project as soon as possible other wise H1b transfer will be rejected.I have a query? My wife is GC card holder, when she files for me at time of getting her citizenship, will issue occurs due this H1B reject?

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  • hibworker
    12-15 02:48 PM
    Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.

    Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).

    Here are your options:
    1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
    2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.


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  • rampaadh@hotmail.com
    04-25 07:27 PM
    My wife's green card was approved on Feb 27th. My wife is currently in India with valid Advance Parole. I received her green card during March 15th. I am planning to visit India during June and bringing my wife along with me. It will be almost 5 months when I come back on July 1st week.

    Will it create problem for my wife to re-enter to US? Since she has valid AP and GC card, can she enter without any problem? or does she need to come early since her GC was received ?

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  • bbenhill
    02-05 04:40 PM
    I had that issue as well ..my parents returned to US after 3 months and got a lot of questions. I don't think POE will deport your parents.


    My friends mom had a issues, She was here 6 months and came back after 6 months . POE officer took her for inspection and called my friend and asked lot of question , gave the warning saying 'Visiting visa is for just visting not to stay in US'....

    It's all depends on the officer & POE


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  • rrajendra
    08-10 03:44 PM
    Should not be a problem, I have applied for H1B in Mumbai and got it stamped. I am orginally from Kerala...

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  • kirupa
    06-21 03:04 PM
    You interpreted it correctly and your entry flies very nicely under the guidelines! :)


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  • CaliHoneB
    04-26 12:35 PM
    I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.

    Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
    So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.


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  • keaby
    01-18 09:57 AM
    I mailed my first EAD application in the last week of Dec/09.
    Never thought it would take so long for receipting, and worried something wrong in my application..
    Good to see others ...
    Will wait further then..
    Next time will go online..although it requires a trip to local office for biometrics


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  • msyedy
    01-09 02:35 PM
    Dear All,

    I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

    Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.

    I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.

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  • learning01
    04-28 10:11 AM
    Don't you get one from your employer each year. I received paper and soft copy of W-2 (the paper copy has atleast 4 copies) each year.

    I do not know about I485...
    but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.


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  • pnara2
    02-27 01:13 PM
    I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!

    However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!

    It is totally a different scenario for H1B ofcourse!

    All the best!

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  • uscisc
    09-10 05:56 PM
    You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

    But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

    In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.


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  • n2b
    07-17 01:03 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.

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  • eeezzz
    07-17 02:12 PM
    Where do you guys see this update? link please. I can't find it anywhere.

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  • gcwaiting4031
    11-26 04:48 PM
    1) I got my EAD 3 months back. Also received my AP in Oct. Typically how long is the journey from EAD to actual GC?

    2) When does the 180 day period for AC21 begin? The day I sent my 140/485 packet or the receipt date (behind the cashed check) of my 140/485 application?

    3) Now that I have my EAD, do I need to do anything at this point? I already have a SSN. Does the SSN change after getting EAD? Do I need to apply for I-9 or something?

    4) Have people been successful with AC21? What if I want to move on to another role (different in responsibilities from my current role)? Can I still use AC21?

    PS: My company lawyers are very unfriendly and rude. So thanks for your help in advance.
    __________________________________________________ ________________
    EB3, TSC, PD - Dec 06, 1st FP done, Filed 140 & 485 during the July rush

    02-14 06:20 PM
    Here is my suggestion:

    Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

    If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

    Hope this helps.

    11-01 12:16 PM
    Hello i am running in to issues of how to get address changed. To give you guys previews. We were residing in Chicago till July ending. In August we moved to CT as my wife got a new job there. But since my work location is in IL , I requested my employer whether its possible to work remotely and its ok by law. He said u can change ur residential address and there is no need to amend LCa/H1b as there is no change in work location in my case. Fine for now.

    I recently visited CT DMV and requested for CT state license. They denied to me saying that i need a CT employer letter or My employer should issue letter to DMV stating my work location changed. Neither of these are going to happen. For now i have my license and Plate from IL itself. I can still continue to maintain but renewing Plates and Pollution test are pain being in CT any ideas please ?

    I think it is just a heavyhandedness by DMV guys. Perhaps talking to the manager will help. Tell him that you wife lives in CT and you consider this as your home. There is nothing that you HAVE to live within xxx miles of your work place. If you live in CT, fly every Monday morning to IL, stay in a hotel at your own expenses, and return back on Friday, will that be illegal.

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