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  • va_dude
    01-14 08:15 AM
    harry the reason u may not be getting much of a response to your thread might be because the AC21 portability issues have been discussed in detail several hundred times on this forum.

    Just look for the AC21 Portability forums/threads and read thru them and it'll help your understanding.




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  • redindian
    11-02 07:41 PM
    yes - I think the only difference is that you cannot use the approved AP to come in.

    If you use H1B to enter u shd be ok... dont try to come in with the AP




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  • GCVictim
    06-24 11:34 AM
    Hi friends,

    Sorry I starting new thread. I don't find any related this. If you have link please send me.

    My questions are?

    1. What are supporting documents for EAD?
    Ans:

    2. What are supporting documents for AP?
    Ans:

    3. Do I need to send separate mail for EAD and AP? both in one?
    Ans:

    4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
    U.S. Mail:
    USCIS Nebraska Service Center
    Attn: E-Filed I-765
    P.O. Box 87373
    Lincoln, NE 68501-7373

    Ans:




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  • GCeffect
    08-12 09:27 PM
    does anyone havea any idea about the EB3 status for the rest of the world? please experts give us some hope....my PD is May 2006. Any hope soon????



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  • aug2007
    03-22 01:03 PM
    While working for Company A, I took LC substitute (may 2007 as a future employer) for Compnay B and filed concurrent 140/485 in July 2007 fiasco (India EB3 PD Oct 2004). Later in Feb 08, I've joined Company B with H1 transfer while 140 & 485 were pending (for me and my spouse). I've not filed H4 ext for my wife thru company B as we both had VISA stamping from Company A till 4 Apr 09. I94 also has the same dates.

    My H1 with company B got approved early this month (Took 12+ months after one RFE was answered in Oct 08). New H1 and I94 on Approved 797 has the date till 02 Oct 2010 (6 yrs from the first H1 start date). The I94 card number is not same as my previous I94 card. 140 got approved in Oct 08. I've valid EAD (renewed once) but never used it.

    I'm curently on H1 and my wife is on H4. My wife's EAD is expired and I'm in the process of renewing it. My wife's H4 & I94 is expiring on 4 Apr 09 and I've not filed for H4 extn.

    1. Do I need to file H4 extn? Or will my wife's status changes to AOS when the H4 & I94 expires? Will my status also have to change from H1 to AOS inorder for my wife's status to change to AOS?
    2. If my wife can change to AOS while I'm on H1, can she start using EAD and I continue to be on H1?
    3. If I'm on H1 and loose the job then I'll have to go back to India. But if I change my status to AOS/EAD then I can stay in US waiting for the next job. If I loose the job, can I change to EAD (after losing the job) or should it be done while I've job in hand?
    4. If I switch to EAD and have some issue with 485 processing, can I switch back to H1 (Provided I'm still with the same employer and my H1 is valid)? What happens to my wife's staus in this case?

    Thanks in advance for your guidance.




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  • sonia_sd
    09-21 12:36 PM
    Hello all,

    For past few months I hear some noice on the web that USCIS may be changing its policy soon by discontinuing Concurrent filing and allowing people to file I485 If I140 is approved irrespetive of visa number availability. How far this is true, have any body got more details on this ?? :confused:



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  • immiuser123
    07-18 01:43 AM
    hi,

    Congratulations to all...
    Many thanks to IV core team for a very well co-ordinated effort.

    Will the Visa numbers from fiscal year 2008 be used for alloting the numbers for those who are filing now ?

    As per rule since those visa numbers are from future they cannot be alloted to those filing now.

    Any predictions on how the October bulletin looks like ?




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  • eb3_nepa
    05-26 09:59 PM
    I had a VERY SIMILAR question

    In my case it is simple. Current Immigration status and Manner of last entry is both H1B

    In Spouse's case however here is the issue. She has used her EAD and she travelled last year using the AP.

    So this is what I wrote under the 2 questions:

    14) Manner of last entry: "PAROLEE"
    15) Current Immigration Status: "Adjustment Of Status Pending".

    IS THAT CORRECT?



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  • Blog Feeds
    04-23 10:10 AM
    In the past week or so we have been receiving many requests for evidence on all H1b cases filed on April 1, 2009. The RFEs received by us and practitioners across the country so far appear to only request that the single page of the I-129 Data Collection sheet be sent with the TARP question answered.

    Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.

    At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.



    More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)




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  • reachinus
    03-15 06:02 PM
    You can apply for a new H1 and will not abe counted against the cap. That is what it mean by cap exempt.



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  • akkakarla
    08-05 05:38 PM
    I am having a proiblem with the I140 approval and I485 visa requested in wrong category. My Labor Certification is filed in EB3( BS with 2 plus years of experience). The company does not want to take risk hence filed in EB3 category.
    After the labor certification is approved I filed my I140 in EB2 with the appropriate documentation qualifying for the upgraded/change position with additional skills and my I140 got approved in EB2 and the approval has 203 (b) 2.
    After filing I485, interview is scheduled and the officer satisfied that the documents are sufficient and I am approveable the Immigration Officer requested visa number and came back saying no visa number is available hence we need to wait. At the time of interview(Ocotber 2005) both EB3 and EB2 are retrogressed. The officer did not give any sort of documents hence did not know anything such what category he requested what code did he use.
    In July 27th the Immigration Officer mentioned that the previous officer requested the visa number in EB3(E37). I spoke with an attorney who said that it is possible to change and hence taken the steps to correct the error/mistake of wrong EB Category.Because of this wrong category I did not get visa number.
    What are my chances that the USCIS goes back and corrects the error and put back in EB2 and request number in E21 or E26.I already sent the letters of my I140 approval, receipt of I140. What process should I take apart from reaching out CIS Ombudsman, Congresswoman,Senator,self letter addressing to the USCIS about the error and the potential long waiting periods for no fault of mine.
    Any suggestions?




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  • Since1997
    08-08 08:36 AM
    My attorney has submitted the documents for I140/485 concurrent filing. UPS has messed up and they lost my documents.It contains original documents for applying I140.

    I am wondering if there is any chance that I can send photocopy of documents to USCIS explaining them the situation as I do not want to miss the chance of deadline Aug 17th. Could anyone please suggest me? Did anyone experience the same situation before.

    Thanks.

    I don't know the answer....but I suggest community to NOT to use UPS...since I also lost my documents couple of times (while sending to attorney). I stopped using it



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  • lunar
    09-14 03:21 PM
    My Husband�s priority date is Oct 2003 (EB3). My Employer is willing to start for GC in EB2. Can We use my husband�s EB3 Oct 2003 priority date ?

    Your suggestions are really appreciated.

    Contributed $100
    Receipt ID: 5116-8138-6595-2887
    EB3 India Oct 2003




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  • manjariagrawal
    04-05 05:34 PM
    Hi,

    Can a H4 visa holder apply for the Praxis test series and then apply for State Teacher Certification. I know on H4 we can't work but is it possible , just getting the Teacher Certification.

    If it's not possible on H4 then I have an option to convert H4 to L2 (as my husband will change his status from H1 to L1) and get EAD.Can after that can I get the Teacher Certification from PA ?

    I checked on PA State Teacher Certification requirement for Foreign Educated Teachers and there is one point like this.

    - is a citizen of the United States or holds an resident alien (green card) visa

    Will EAD/H4 considered as Resident Alien Visa ?
    Or without Green Card it's not possible to get this Certificate ?

    Please help me.
    Thanks



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  • kisana
    02-27 10:28 AM
    I have permanant opprtunity with one organization which wants me to work on EAD. My situation is like this
    my EAD is expiring on XX/XX/2010. The new compnay wants me to join on YY/YY/2010. My questions are


    1. IF 15 after joining new Compnay, I apply for EAD renewal and before filing for AC21,Will it create a problem. Since I can only file EAD renewal 4 month before expiration date I need to do it some where in april.

    2. In case my Old employer revoke 140 before I file EAD renewl and AC21 will it create a problem?




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  • DyersEve
    09-28 12:33 AM
    Well nevermind, i somehow figured things out and if ya wanna check out my test movie go to http://teamnerd.tripod.com/random/tkt.html



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  • mmanurker
    04-03 12:07 PM
    Hello all,

    I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?

    Can you please share your case details? what was the reason for 140 denial? After you filed MTR, how long it took for them to reinstate?




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  • jgh_res
    07-19 11:03 AM
    Hi,

    My U.S. born son is travelling with my friends from India to USA. He had gone to India for summer vacation. Would anybody have any sample letter for addressing to immigration authorities that we authorize his travel along with my friend.

    Thanks.




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  • abhishek101
    01-05 11:36 PM
    this is my understanding but a lawyer answer but you should consult a lawyer

    Since you have started your GC process and shown your intent to immigrate your F1 will be denied.

    H1 is a dual intent visa ( you enter as non immigrant but U can immigrate on it) and hence application of GC has no implication on it.

    Again I am not a lawyer so consult one.




    sodh
    07-25 02:20 PM
    Yes
    I second that.




    permfiling
    05-18 11:07 AM
    My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?

    Thanks
    Member of north calif
    dontation : $500



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