morchu
05-13 09:50 AM
I have no question about that. The immigration intent was proven at the time he filed 140.
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
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gc0402
07-17 09:00 AM
Forgot/didn't know about A# mentioned on my I-140 approval and did not mention it on I-485 application/EAD/AP. will it be an issue??
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
belmontboy
10-06 08:47 PM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
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lvaka
05-19 02:17 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
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rpat1968
09-06 03:43 PM
You should get yours in 1-2 days
My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.
My wife received her FP notice 2 days ago and I am still waiting for FP notices for me and my daughter.
jsb
10-30 12:13 PM
^^^^^^bump^^^^^
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
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gc_on_demand
03-19 11:52 AM
I came in USA on H1 visa and continued in that status till 2008 (six years). Company A sponsored a green card for me in 2003 for a position different than the one on my H1B based on future employment opportunity/position. My I-140 was approved in early 2007 and after applying for my I-485, I got my EAD and AP in August 2007. However since I was working on H1B with another company at that time, which was valid till June 2008, I did not use my EAD and worked till my H1B lasted. As my H1B expired, my status while living in US as per my lawyer changed to AOS pending.
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
I took a couple of months off and visited India. Came back to US without a problem using my AP. Looked to start a business but did not succeed due to economic condition. I still maintained an honest intent to join the sponsoring employer when I get my GC and vice- versa with regard to the sponsoring employer. To earn living therefore, I joined another company for a couple months in a similar field using my EAD but did not use AC21 (as a full time primary job). That job did not last long and now I am again looking for employment opportunity.
I visited my lawyer recently with current situation and a few questions and he said I can be in deep trouble - being unemployed mostly since leaving my H1B status and having worked for another company for those few weeks in a job capacity that was a bit different than the one on my petition. He said I could be deported too if my luck is bad in this case. I request you to advise me whether what happened was really wrong and if I can correct it anyway? As corrective measure, my lawyer says that with immediate effect either I should join the green card sponsoring employer or find another employer with similar job offer (willing to port my Green card) - to avoid hard quuestions with USCIS. In this economy, nobody wants to take extra burden. But I spoke with my GC sponsor. He said the job is there for me like before and he is willing to write a letter of intent to hire me on permanent basis currently or in future if required to whosoever concerned but would prefer to wait a few months giving the crunch in business these days.
WHAT SHOULD I DO? Would the letter suffice the honest intent on both sides regarding the employment offer? Can I afford to take a little more time find a simmilar job? PLEASE SUGGEST.
if you want help update profile first
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gc_mania_03
09-01 09:02 PM
Amidst, all the ranting and raving about IV, its goals and silence of the core team in the recent threads, atleast this thread has some appreciation for the core team!
Kudos to the core team...and IV!!
-gc_mania_03
Kudos to the core team...and IV!!
-gc_mania_03
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chanduv23
09-17 11:50 AM
based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids
The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES
AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER
LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES
KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS
ATLEAST NOW - LEARN FROM THESE CHILDREN
EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS
YES, EVERYONE TO DC
EVERYONE TO DC
The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES
AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER
LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES
KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS
ATLEAST NOW - LEARN FROM THESE CHILDREN
EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS
YES, EVERYONE TO DC
EVERYONE TO DC
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pappu
02-13 03:32 PM
Congratulations. Could you update your profile please.
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gemini23
11-19 09:21 AM
Thanks Wandmaker,
my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
my question was if my visa page has expire visa stamp, is that okay to send them a copy of that. will it impact my ead approval?
gemini23: Copy of the Passport biographic information pages + Visa Page, I-94 Obtained at POE, all I-797s obtained after last stamped visa, 485 Receipt Notice, EAD card + Cover Letter + 765 Form + Fee
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gcnirvana
06-25 07:51 PM
Employer pays everything except for my EAD/AP as my H1 is valid till 2010. And fortunately, USCIS surgeon billed my medical exams to my insurance. Not sure if it'll come back and bite me but as of now I didn't pay a dime :)
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l8A
10-05 10:09 AM
Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
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gtg506p
03-09 09:56 AM
Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.
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songlan
12-05 08:16 AM
That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
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kaybeedee
11-05 11:18 AM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
more...
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iv_only_hope
09-30 03:24 PM
there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...
Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.
Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.
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sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
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roseball
08-21 11:00 AM
Hi All,
Can we follow up case details only with WAC Receipt from both TSC and NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.
Thanks
Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.
Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....
Looks like there is no order to this madness.....
Can we follow up case details only with WAC Receipt from both TSC and NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.
Thanks
Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.
Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....
Looks like there is no order to this madness.....
gc_chahiye
07-09 04:31 PM
What about those whose PD is 2006 or later and DID file I-485?!?
What a waste of poll!
EB2-India has been retrogressed throughout 2006. If your PD is 2006, how did you file your I-485? Are you counting July 2007 filing? Dont count that, see the first post
What a waste of poll!
EB2-India has been retrogressed throughout 2006. If your PD is 2006, how did you file your I-485? Are you counting July 2007 filing? Dont count that, see the first post
pcbadgujar
09-23 11:18 PM
Thanks a lot guys for the response.
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