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mallu
10-22 11:14 PM
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IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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eilsoe
10-08 10:13 AM
hmm... I'm inspired...
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go_guy123
03-04 10:06 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
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martinvisalaw
10-22 03:27 PM
So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?
It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
No, thankfully, because she can't
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
You need to check the consulate requirements on this. They vary widely, and change frequently.
It is unlikely. The officer will know that she violated status, because she must disclose this on the DS-156 or DS-160, whichever she will use.
Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?
No, thankfully, because she can't
Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?
You need to check the consulate requirements on this. They vary widely, and change frequently.
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sent4dc
08-26 04:28 AM
Thanks for the insight guys!
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
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abheja
12-21 07:29 PM
I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.
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itsmesabby
10-12 05:05 PM
jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
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lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
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sidbee
03-17 10:43 AM
Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
pay some extra premium.
wouldn't that be common sense....
pay some extra premium.
wouldn't that be common sense....
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gcnirvana
05-02 05:59 PM
Also, Core Team might be travelling a lot to DC and other places this month. So it might help if you could donate your airline and/or hotel miles, that you may have.
I can transfer some of my Marriott / Hilton points that I have to the Core Team members.
Please let me know. Thanks!
I can transfer some of my Marriott / Hilton points that I have to the Core Team members.
Please let me know. Thanks!
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lermitthefrog
06-06 05:22 PM
I'm the team leader's assistance of the TGG team. So far we haven't made any profits so it's free but it's a lot of fun. Maybe you'll get paided someday but it's not guranteed. We would like a web site designer. We have a website but it isn't all that good. If interested email me at DiaboloMike90@yahoo.com , go to these 2 sites http://s7.invisionfree.com/TGG_Team_Forum/ or http://gamesguy.bravehost.com/Team.htm
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GCwaitforever
04-30 01:59 PM
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
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invincibleasian
01-14 09:27 PM
upto 6 months. they send out a letter as soon as you apply stating they have recvd yur app and working on it. I had applied for a Name correction. They refused after a couple of weeks itself and asked me to get it corrected in the visa consulate of the home country. When I went for stamping in chennai I pointed out error and the new stamp had the right name. Consult your attorney.
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lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
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neobuddha
10-14 03:28 PM
You can provided:
a- If have not used your AP, if it is single entry
b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.
Good Luck,
-Neo
a- If have not used your AP, if it is single entry
b- Otherwise, you can use it multiple time before the date of expiry, if it is multiple entry.
Good Luck,
-Neo
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bbenhill
12-02 06:21 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
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kaisersose
08-24 06:06 PM
Applied i140 and 485 on July 2nd and yesterday my i140 got approved. So I guess no need for premium processing now as the process is moving faster.
That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.
Occasionally an isolated case sneaks in.
Like someone posted this morning that he received an ead although the lawyer says he never applied for one!
That was just a stroke of luck. There are 140s pending for several months in both NSC and TSC.
Occasionally an isolated case sneaks in.
Like someone posted this morning that he received an ead although the lawyer says he never applied for one!
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ivgclive
12-09 04:43 PM
Well its just wasting GC numbers as this person is leaving US anyways, why GC???
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.
1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)
So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).
It all says that "They don't like the WORLD".
So, a slight change in your title "Just a LIFE gone waste".
God must be crazy and not doing QA after producing these humans.
I have seen many people leave US after once they get their GC, how stupid is that?
That is the BEAUTY of Green Card.
1. Most of them do not want to stay here, because they don't like something here....
2. They want to stay back there...
3. They don't like things back there...
4. They need an option to come to US anytime in future... (They worked half of their life to aquire this option)
So from 1 and 3, it is obvious that they don't like to stay in East End or in West End. They can not go to North End (freezing to death) or South End (No place attracting).
It all says that "They don't like the WORLD".
So, a slight change in your title "Just a LIFE gone waste".
God must be crazy and not doing QA after producing these humans.
vallabhu
11-29 04:19 PM
Already did that in previous reply, the new letter says the evaluation is done basing on the syllabus but Mr vallabhu did not actually take math course as per the syllabus.
I have my certificate from 1992 which also mentioned Math as one of the subjects I don't how he can miss that.
I have my certificate from 1992 which also mentioned Math as one of the subjects I don't how he can miss that.
virtual55
05-03 07:01 AM
^^^^^
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