gchopeful
07-17 07:03 PM
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
I'm sorry, I think I misspoke.
From the USCIS memo posted on AILA's website (ref: http://www.aila.org/content/default.aspx?docid=22912):
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
So I guess, the old fee will still apply even after July 30th for 485 filings.. and I guess no free EAD benefits will apply either. Sorry if I caused any confusion.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
I'm sorry, I think I misspoke.
From the USCIS memo posted on AILA's website (ref: http://www.aila.org/content/default.aspx?docid=22912):
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will
apply to all other applications filed on or after July 30, 2007).
So I guess, the old fee will still apply even after July 30th for 485 filings.. and I guess no free EAD benefits will apply either. Sorry if I caused any confusion.
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martinvisalaw
06-28 12:48 PM
Using AP does not necessarily mean that one is using the EAD. It is just a document that allows you to travel when needed.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.
Elaine you can correct if I am wrong ? I had a question though... say the H1-B is valid for more than 1 year but if AP is used the I-94 given would be of only 1 year, should we then extend the I-94 or is our H1-B valid till the duration it is approved for..
The I-94 stays valid as long as you stay working for that employer. Even though you entered using the AP, CIS has said that you can work pursuant to the underlying H-1B status.
sreenivas11
07-27 01:44 PM
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
2011 Nevermind, the deal is dead
girishvar
08-10 04:44 PM
No Priority Date mentioned or upto 2002 - 51
2003 - 46
2004 - 117
2005 - 140
Upto May 31, 2006 - 70
2003 - 46
2004 - 117
2005 - 140
Upto May 31, 2006 - 70
more...
kittu07in
08-20 05:46 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
GC_Optimist
08-15 03:33 PM
I received my Receipts now for I-485.Is there any process to expedite AP while filing .(based on family death). I'm applying for it now.
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invincibleasian
02-05 02:16 PM
Guys labor substitution is still not in place!!!
more...
pthoko
07-05 03:07 PM
Hi All,
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
Please clarify my doubts if you can.
The G-325A form is asking for dates of previous employment. I have an issue here.....
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
Any advice is appreciated. I'm afraid to talk about this to my current company attorney....
Thanks.
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2003doc
08-18 07:56 AM
immigration authorities have received about 300,000 applications for high-skilled-employment visas since July 1, federal officials said yesterday.
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
Citizenship and Immigration Services, the federal agency, was still receiving applications for employment visas yesterday, the last day of a special period it announced on July 17 for immigrants with professional skills to file petitions for permanent residence visas, known as green cards. As a result, the total tally of applications received in the last six weeks was not available
http://www.nytimes.com/2007/08/18/us/18visa.html?_r=1&ref=todayspaper&oref=slogin
more...
transpass
02-27 02:00 PM
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Dude,
H1 is the employer application and employer should pay for it...Not GC...My post clearly states that you can bear expenses for GC instead of the company...Ofcourse you need to get the necessary paperwork from the company for GC as I indicated above clearly.
GC and H1 is employer application and employer should pay for it. It is the law.
Dude,
H1 is the employer application and employer should pay for it...Not GC...My post clearly states that you can bear expenses for GC instead of the company...Ofcourse you need to get the necessary paperwork from the company for GC as I indicated above clearly.
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kevnss
06-05 08:58 PM
1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
-- No.
2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?
-- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.
3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?
-- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.
This is really great information. I couldn't find this thread so opened another thread ofcourse cleared the doubts by both guru's. I have one more question, what happens if job title changes during this process.
Thanks
more...
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va_labor2002
06-16 01:45 PM
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?
Any comments from Core team ?
Any comments from Core team ?
If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?
Any comments from Core team ?
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Leo07
10-07 01:21 PM
I was wondering about the second part of the question/answer. Thanks rockstart!
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Raj Iyer
09-22 04:38 PM
Go for premium processing.
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taureanstud
01-02 04:11 PM
Folks,
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
Can any of you share the experience of travel to india with AP with a valid H1b (Not stamped in passport), Especially if you are doing transit through european countries? i have heard of issues of UK not treating AP as a form of valid visa? is there any restrictions on transit through any other country?
thanks
more...
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sagittarian
12-17 03:36 PM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
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GCwaitforever
10-17 01:25 PM
Not necessary. You can grow the business slowly. But only when your business grows to the size of 10 employess, you can file for EB5.
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kadarm
08-22 07:01 PM
I am also from MN. Living in Minnetonka. Willing to know anyone going for Rally.
gyrog
06-04 10:28 AM
Petition on the gournds of National Interest Waiver falls under EB-2 category. One cannot file 140 and 485 concurrently if the priority date for 485 is not current (to the best of my knowledge). However, you may apply for I-140 based on NIW at any time.
ramhs
02-06 07:43 PM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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