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  • desi chala usa
    07-08 03:04 PM
    Congratulations!!!

    My 2 cents....explain situation to your wife's new employer and wait for 2 weeks your wife should have physical card with in 2 weeks. If it is emergency you can use H1/EAD as you have not received anything in written from USCIS.





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  • ajm
    06-24 07:06 PM
    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.


    The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:

    Form I-485. For filing an application for permanent resident status
    or creation of a record of lawful permanent residence--$930 for an
    applicant fourteen years of age or older; $600 for an applicant under
    the age of fourteen years when submitted concurrently for adjudication
    with the Form I-485 of a parent and the applicant is seeking to adjust
    status as a derivative of the parent, based on a relationship to the
    same individual who provides the basis for the parent's adjustment of
    status, or under the same legal authority as the parent; no fee for an
    applicant filing as a refugee under section 209(a) of the Act; provided
    that no additional fee will be charged for a request for travel
    document (advance parole) or employment authorization filed by an
    applicant who has paid the Form I-485 application fee, regardless of
    whether the Form I-131 or Form I-765 is required to be filed by such
    applicant to receive these benefits.

    At best, this is ambiguous as to whether a fee will be required on renewals.





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  • NELLAIKUMAR
    02-16 03:20 PM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    Can you please share your experience.

    Thanks....





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  • caforum2
    06-18 04:33 PM
    Yes It applies to new employer as well.

    Here is my timeline

    on h1 to US in 2001
    filed labor in 2003 approved
    Filed i 140 and i485 in 12/2003
    Changed job to another employer on 05/2005 using EAD
    got married, couldn't file for wife's GC
    Applied for h1 through new employer in 2006
    Premium processing of H1 approved in 15 days. Got wife here on H4
    approved for 3 years for using I 140
    PD current as of June 2006, filed for wife's GC who came here on H4


    EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.



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  • walking_dude
    07-26 08:56 AM
    I faced a similar situation during my first L1B extension. My L1 extension was filed, but not approved while my L1 visa expired. Per my (then) attorneys advice - it isn't an issue if the application to extend has been applied for. You can be out of status for upto 180 days in such situations. Only issue is if the extension is rejected during this period.

    In the future, the receipt for having filed for extension before Visa expiry and/or Received Date on I-797 Notice of Action (approval) can be used as proof. Of course, travelling out of the country and back on a new visa removes the stigma of having been "out of status"

    RFE is okay, but rejection is NOT! Do answer it (RFE) in time. Rejection can put you in trouble. Also if the period extends beyond 180 days due to RFE you will be in trouble ( I really doubt it happening but you never know)





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  • sk.aggarwal
    03-25 03:17 PM
    You need to go before filing labor in order to be eligible for one year extension.

    I do not agree with this. H1 extension is allowed if perm is filled one year before completion of 6 year on H1 + any recapture time.



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  • roseball
    02-28 12:29 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS


    You should be fine as the extension was filed in advance. Was your second H1 approved on 04/30/2004....That possibly could be one of the reasons it started on 04/30.....





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  • simple1
    10-30 07:20 PM
    part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"

    that settles it. Receiving Unemployment benefits is okay on AOS.



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  • crystal
    03-18 04:07 PM
    I think you are in wrong forum. This forum is intended for Employment based immigration. I doubt whether anybody here is knowledble enough to answer ur question.





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  • tpcool
    05-31 06:50 PM
    vxb2004, thanks for the response and the wishes.

    Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.

    One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?



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  • Dhundhun
    04-24 01:25 AM
    Hi god_bless_you,

    Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

    I am (and most of IV visitors) still without GC and years to go before getting GC.

    Any way, whatever, congratulations.

    --Dhundhun





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  • Aah_GC
    02-28 07:05 AM
    I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).



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  • Cherry2006
    06-28 12:25 PM
    Guys...Thanks for the suggestions .

    I am planning to stay back for 1 more month ,i.e till end of July and try for a project. As it is near to impossible to get a H1 Transfer without a project, I would like to hold on for H1 Transfer for now. If l can manage to get a project ..say in 3rd or 4th week of July, can I be able to get a H1 Transfer approved without any issues or RFEs. My last paycheck was issued for the week ending June 28th, 2009. So I can provide a Paystub of only a prior month, if I apply for possible H1 Transfer. Will this be good enough .

    Please advise whether staying for 1 more month after H1 Termination should be fine or not, from the perspective of Job Searching and H1 Transfer.





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  • setpit_gc
    06-08 01:23 PM
    got 1st LUD on 05/31/2009 with message change.

    Soft LUDs so far:
    06/02/2009,
    06/03/2009,
    06/05/2009,
    06/07/2009
    06/08/2009

    Whats going on?. Any idea?.



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  • nabs501
    07-17 06:07 PM
    If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.

    If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.

    If she does not have a visa to come to the US; then just wait...

    I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.

    Also, just a friendly suggeston:
    Ask him to join IV :)





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  • EndlessWait
    01-23 01:26 PM
    Still waiting.. there processing time says July still.



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  • varshadas
    11-08 12:25 PM
    I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.

    Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.





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  • sangmami
    08-16 10:56 AM
    i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
    Thanks.





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  • finimits
    05-02 03:10 PM
    Hi Saji007,

    Just to clarify your answer for my first question, do you say moving the the new company before applying for H1B extension is alright (safe)?
    I am asking because my 6 years ends on December 1st this year, so if I move in June this year and immediately apply for extension, I should be alright correct?

    Also, how will I apply for the extension? Do I just need to send the copy of the I-140 approval notice? What about the fact that my current employer has actually submitted the petition and my job-description etc? I guess if someone could explain this a bit more, I would really appreciate.
    Thanks





    ksrk
    08-15 02:13 PM
    Thank you ksrk for your reply on validity of I-94.
    I know I become paroled if i enter using AP.
    As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
    1) If H1 approval comes after I arrive
    2) If H1 is approved when I am in India.

    Thanks

    1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.

    2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.

    -K

    DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.





    wellwishergc
    07-13 11:32 AM
    yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?

    You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.

    Just want to get this right, for my own knowledge. Please clarify

    As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.

    Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.



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