ashkam
11-16 02:08 PM
As has been discussed and responded to a million times on this forum, the answer to this question is, when you enter on an AP, your immigrant status changes to parolee, but your H1B continues to be valid as a work authorization document and you can still use it to work for the same employer.
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texcan
09-14 05:22 PM
hi there,
How about giving others some perpective about case timeline etc, so that they can answer question better.
Please update your signature with case details.
Just a suggestion, dont be offended.
How about giving others some perpective about case timeline etc, so that they can answer question better.
Please update your signature with case details.
Just a suggestion, dont be offended.
speddi
10-05 10:43 AM
Hi,
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
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fromnaija
07-31 11:06 AM
Hi,
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
My wife is on H4 and I am on H1. We both have EAD. How ever, I have not converted to EAD and intend to be on H1 till i get my GC. Also our H4 and H1 3 year extensions are pending with CSC. My wife has a job offer for which she will need to use her EAD. The question is:
1) Can she change her status to EAD while her H4 extension is pending ?
2) Will her working on EAD jeopardise her H4 extension adjudication ? We want to maintain valid H4 as a backup.
3) What is the process for her to convert from H4 to EAD. Do we have to inform uscis ?
4) Is required, can she change her status form EAD to h4 (if we maiantain valid H4 as well)
Your quick response is appreciated. Thank You.
As far as I know, EAD is not a status but an interim benefit based on the fact that you have a pending adjustment of status. I believe your wife could work and this will not jeopardize your status. (Please note that I am not a lawyer. My answer is based on common knowledge and you may want to ask a lawyer for a legal opinion).
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daniel_leavitt2000
February 15th, 2004, 06:46 PM
Thanks for the tip. The other thing i need it for is for picture on the layout wich would mean i need it focused from about a foot to infinity. Unfortunatly all this stuff really does push th limmits of all non-professional grade cameras.
I did a search and came up with the Sunpak Pro 065. a .65x wide angle. Is this company reliable? and when using a wide angle will the fisheye affect be more pronounced?
Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.
You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp
Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.
You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.
Scott
I did a search and came up with the Sunpak Pro 065. a .65x wide angle. Is this company reliable? and when using a wide angle will the fisheye affect be more pronounced?
Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.
You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp
Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.
You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.
Scott
HRPRO
03-07 11:29 AM
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
more...
NWISE
03-31 02:59 PM
If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.
And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
My 2 cents.
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dan19
03-09 02:50 PM
Based on Murthy.com, It's likely that EB3 World will move but India and China will remain stagnant:confused:
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
more...
imneedy
02-05 10:12 AM
Shahuja and Raju,
thanks for your reply, let's hope you get them soon.
thanks for your reply, let's hope you get them soon.
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GCBy3000
01-08 02:19 PM
How this conversion works. I am surprised to hear that your H4 to H1 got approved. I heard that any H4-H1 conversion will be counted againts the next years cap which opens up only in April'07. Was your wife on h1 before and got converted to h4 earlier? Then she may not be counted as she was already counted.
Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
Tell me a good news that she was in H4 througout and got her new H1 approved now. It is fantastic news for all H4s. Still I will wait till Feb 15 to check whether I can file 485 through any supplemental bills before trying to get H1 for my wife.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
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waitingmygc
05-21 06:16 PM
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
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Libra
08-03 12:53 PM
What made you think like that? did you find anything wrong in my post? anyway, i still request you to consider any type of contribution towards sept rally.
Thank you for your post:D
You are a jack ass
Thank you for your post:D
You are a jack ass
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sheryn
09-04 12:20 AM
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
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gxtrader
08-17 02:27 PM
HOW your answer relates to my question?
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
Think, deside and do and don't think again! But Review it.
..Maybe he thought he heard you say..
"Don't think, decide and do and don't think again! And don't review it. :)
Don't worry too much..worst case is to re-file ead & ap w/ newer fees.
He'll eventually get GC & will be driving a Lexas in Dallus, Texus ;).
more...
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chaitanya139
01-22 02:53 PM
Hello there
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya
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EB3_SEP04
08-27 11:23 PM
If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
more...
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hsingh82
03-25 05:01 PM
Voted for few pro legal immigration messages!
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martinvisalaw
12-01 06:01 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
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Mahatma
02-19 09:01 AM
Consult a good lawyer.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
Is your spouse a US citizen? Do you want to use I-130 based greencard option?
After getting I-485 and parole etc., you are legally protected but still it is better to avoid international travel, until it is absolutely essential (deatth etc. but certainly not pleasure trips..).
As you had J1 before, it may be possible to non-cap H1 if that helps with your current job. Your status on J1 was good upto Oct 01, 2007. Current law could pardon up to 180 days of out-of-status days. Beyond that it will be 3 year bar.
Your priority should be:
1. How to avoid this 180 day situation
2. How to maintain status
-by EAD only
-or by H1 (cap or non-cap)
3. How to attain GC
-By I-130 only or
are there other options
If your spouse is a citizen, usually GC will be done in 1 or 2 years.
You need to map out prudent course of actions. Consult lawyer, ask questions, take charge of your unique situation and avoid the mistakes (unwarranted international travel, problem with law enforcement etc.).
Again, a good lawyer will be your best advisor.
hemasar
09-12 02:03 PM
My ETA is P-### .... I used the link and my status is IN PROCESS
clear485
03-27 01:07 PM
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
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