looking4d
06-25 02:11 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
After you file 485 you are in AOS so you can file for AP and use that to get back into US. Once in AOS it doesn't matter if your H1B expired or I94 is expired as you will be in status. However to work you will need EAD.
To enter reenter US you should have a H1B visa stamp which is valid or have an AP. If you use your AP you will have to use EAD to continue working. Another option is to get a new H1B stamp based on your current H1B petition which is valid till april 2008.
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
After you file 485 you are in AOS so you can file for AP and use that to get back into US. Once in AOS it doesn't matter if your H1B expired or I94 is expired as you will be in status. However to work you will need EAD.
To enter reenter US you should have a H1B visa stamp which is valid or have an AP. If you use your AP you will have to use EAD to continue working. Another option is to get a new H1B stamp based on your current H1B petition which is valid till april 2008.
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CanadianGuy
05-17 02:05 PM
Sweet work there DJ! The colours and textures are perfect.
singhsa3
04-27 01:39 PM
One more resource
http://immigrationvoice.org/forum/showthread.php?t=18210&highlight=experience
http://immigrationvoice.org/forum/showthread.php?t=18210&highlight=experience
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saketkapur
12-07 12:16 PM
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
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kaisersose
07-19 02:09 PM
My Lawyer does whatever my employer tells him. They never give any receipt notice or approval notice to employees.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?
If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.
In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.
You can invoke AC21 with your H-1b. That is the preferred method.
They did not even let me file my EAD and AP along with I-485.
I can file EAD/AP myself but I'm worried they might not give me the receipt notice of my I-485 filed in july, in a last ditch effort to prevent me from fleeing(I don't yet have any intention btw) or atleast make it difficult for me.
I'm sure there would be many in this situation.
Any thoughts what can be done?
If they do not show you anything, how do you know your I140 was applied/cleared? How do you know your 485 was filed?
If we place ourselves in the employer position, almost everyone who can file 485 now is dreaming of invoking AC21 6 months from now. Imagine the mayhem if everyone or almost everyone quits. Many companies which are not direct vendors & where the employees are mostly H-1b will probably have to close shop. Naturally, employers would want to be cautious.
In your case, since you do not have the intention, you do not need the EAD anyway. At the least, try to get the case number. Even if your attorney does not give it to you, you can call USCIS and get your case number for 485 as 485 is really your application. You can also change the 485 address to yours during the call and then all communication will come to you.
You can invoke AC21 with your H-1b. That is the preferred method.
jsb
07-23 01:54 PM
Are the processing times according to the notice date or the received date ? Mine are 4 months apart.
It is clearly the Notice Date. USCIS website mentions on the processing times page:
"If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office...."
This makes sense (from their procedural point of view, though not good for clients). ND is very close to date when a case is opened the first time (although stamped RD may be several months earlier). That's the date a service center consider as their receive date, and also shows online as "...your case was received on...". Data for published dates is provided by processing centers. Therefore, they use only dates when they received/opened the case. They don't care if files were in boxes or shuffled for months between centers.
If your ND is within published processing dates, most likely your case has been opened, reviewed, and perhaps pre-adjudicated. That's all. It does not mean anything more until your PD becomes current. At that point, if they have pre-adjudicated cases, as per procedure described in link mentioned above, they clear them in order of PD.
It is clearly the Notice Date. USCIS website mentions on the processing times page:
"If your receipt notice date is earlier then the processing date shown, we suggest you call our USCIS Customer Service Office...."
This makes sense (from their procedural point of view, though not good for clients). ND is very close to date when a case is opened the first time (although stamped RD may be several months earlier). That's the date a service center consider as their receive date, and also shows online as "...your case was received on...". Data for published dates is provided by processing centers. Therefore, they use only dates when they received/opened the case. They don't care if files were in boxes or shuffled for months between centers.
If your ND is within published processing dates, most likely your case has been opened, reviewed, and perhaps pre-adjudicated. That's all. It does not mean anything more until your PD becomes current. At that point, if they have pre-adjudicated cases, as per procedure described in link mentioned above, they clear them in order of PD.
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hcard
08-22 12:57 PM
My checks got encashed this friday. Applications were delivered to NSC on July 2nd, later forwarded to TSC. My I140 was approved in TSC.
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sodh
07-12 03:46 PM
I applied for H1B extension in october 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in Febraury 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesnt want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they dont accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in OCtober ( 9 months).
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until october 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they dont deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petetion Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
What jurisdiction mumbo jumbo are they giving your pp is still valid in all states in the US for H1-B.
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abh
07-31 09:43 AM
Yesterday evening even my case got transferred to local USCIS office . I have LUD on my I140 for today.My daughter's case is still with old LUD.
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bluekayal
02-23 05:35 PM
I wrote a letter with I-485 copy and said we were no where near current, and got the 1 yr EAD replaced with a 2-year one :)
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Munna Bhai
11-19 01:28 PM
I received RFE on my 140 on nov 15th. I came to know about this when i checked the status online. It says on Nov 15th we mailed you a notice requesting further evidence . I-140 Receipt date is dec 11 2006. I do not yet know what the RFE is about. How many days does it take for the RFE to arrive normally ??
EB3 or EB2??
EB3 or EB2??
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gcdreamer05
08-06 11:26 AM
I totlaly agree with this. I am single too with PD DEC 2006. I have been in present job for almost 4 years. I ended up working for a non-profit oragnization on a non-cap H1b, which prevents me from transfering to private companies which need caped h1b( i din't knew about this when I took up the non-profit organization job). The only way for me to get into private company is to get a new H1b under cap which starts from Oct 2008. This time I planned properly and got an H1b approved. But to my shock and surprise EB2 dates moved to June 2006. I am now carefully watching the September EB2 dates. If it gets closer to Dec..I need to pull back the 485 as I don't think I can get marreid within 6 months due to family responsibality back home. If I withdraw my 485 application, I will lose the queue, money and since I plan to change job, the only benift I will be taking with me , is the PD date which I can later transfer if my next empyer does my GC. With a 2.5 year h1b left, I am hoping under worst situation, my next emplyer will sponcer my GC. This whole GC process is a pain in ***...!!!!
tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....
tablet pc you are better if you withdraw your app when your PD becomes current, or also try to get married soon so that you can use follow to join procedure....
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unitednations
04-23 04:42 PM
United Nations is right. Let�s say that there�s an employee with an approved I-140 + pending I-485 who switches his job using AC21 after 180 days. Now there are 2 possibilities here
1) Employer revokes I-140 (AC21 applicable here)
2) USCIS revokes I-140 (AC21 not applicable here)
Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn�t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.
USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the �Ability to pay� test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.
http://immigrationvoice.org/forum/showpost.php?p=230209&postcount=9
Such a situation can be avoided if the employer himself withdraws the I-140�s of ex-employees so that he�s no longer burdened to prove ATP for all pending GC applications.
correct and right on mark.
1) Employer revokes I-140 (AC21 applicable here)
2) USCIS revokes I-140 (AC21 not applicable here)
Employer revokes I-140: In this case unless the employee had filed AC21 papers, I-485 is most likely to be denied as USCIS doesn�t have any record that the beneficiary still has similar or same job offer. Hence its advisable to file AC21 well in advance in such situations.
USCIS revokes I-140: At times USCIS might revoke a previously approved I-140 if the employer fails the �Ability to pay� test for all pending GC applications. This is more dangerous as the bonafide nature of the previous I-140 approval is in question now. Refer one of my old threads below on this topic.
http://immigrationvoice.org/forum/showpost.php?p=230209&postcount=9
Such a situation can be avoided if the employer himself withdraws the I-140�s of ex-employees so that he�s no longer burdened to prove ATP for all pending GC applications.
correct and right on mark.
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english_august
02-12 08:34 AM
Yes - this is a great idea. We will raise some funds and have a lot of fun doing it. Everyone, please chime in with your suggestions on how we can implement this.
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Libra
10-03 12:13 PM
my FP is done on 19th sep and got LUD on 485 on 20th sep and same day card production ordered.
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sanju
04-04 02:09 PM
sanju, you said that right man.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
Now you will see this thread die down as people who were complaining will simple stop posting in this thread and as always, our brother in arms will not participate by calling lawmakers. It seems that they are scared as if as soon as they would dial the lawmaker�s phone number, the cops standing outside their office will simple arrest them to deport before tonight. People, open your eye, we are in AMERICA. This is Democracy, you are expected to tell the lawmakers about your definition of fairness and how you have been treated unfairly. It is our responsibility to tell lawmakers about what is �unfair�. 100+435 men/women in DC want to listen, the only problem is we don't want to speak to them. Most of our fellow forum members think that simply whining on the forums will make the problem go away.
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bsbawa10
01-07 04:51 PM
I applied for EAD for my wife to get the SSN to get the Stiumulus package (What a riddle created by the system). The funny part is that USCIS cashed my check within 12 hours of my application being received.
I wish this happened for H1 transfers, issue of EAD, I-485 etc etc. Oh,..now they will be understaffed and over worked ...and the list goes on and on.
I wish this happened for H1 transfers, issue of EAD, I-485 etc etc. Oh,..now they will be understaffed and over worked ...and the list goes on and on.
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andy garcia
08-29 02:33 PM
This is the list of Witnesses(Panelists):
Panel I
David Daniel, Ph.D. , President UT at Dallas
Richardson, TX
Bo Cooper
Former General Counsel INS on behalf of Global Personnel Alliance
Washington, DC
Panel II
Philip J. Ritter
Senior VP and Manager of Public Affairs
Texas Instruments, Inc., Dallas, TX
Phyllis Norman, VP
Patient Care Services
Harris Methodist Ft. Worth Hospital
Ft. Worth, TX
Lance Kaplan
Partner
Fragomen, Del Rey, Bernsen, Loewy, LLP
on behalf of the American Council on International Personnel
Iselin, NJ
We should contact anybody who works in these companies.
Panel I
David Daniel, Ph.D. , President UT at Dallas
Richardson, TX
Bo Cooper
Former General Counsel INS on behalf of Global Personnel Alliance
Washington, DC
Panel II
Philip J. Ritter
Senior VP and Manager of Public Affairs
Texas Instruments, Inc., Dallas, TX
Phyllis Norman, VP
Patient Care Services
Harris Methodist Ft. Worth Hospital
Ft. Worth, TX
Lance Kaplan
Partner
Fragomen, Del Rey, Bernsen, Loewy, LLP
on behalf of the American Council on International Personnel
Iselin, NJ
We should contact anybody who works in these companies.
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EB3gcwanted
06-07 12:51 PM
e-filed on April 20th. No update for last 45 days
rustamehind
07-15 12:01 PM
Lou Dobbs is a xenophobiac and doesn't listen no matter what argument you put in front of him.He is single mindedly focussed on opposing immigrants , be it legal or illegal.He just wants to project himself as a champion for the causes of American middle class, totally ignoring the contribution immigrants have made to build this country.Let that bugger speak , we will also protest & put our point of view in the right way & at the right forum.
rajuseattle
04-11 12:51 PM
Kate123:
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
