glus
07-29 10:53 AM
As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.
In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
In short it is not easy to go back full time studying while your I-485 is pending.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
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gc4arun
06-23 08:35 AM
Could you please provide your input on this . Thank You.
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
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vinoddas
07-30 02:37 AM
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
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indyanguy
07-16 10:42 AM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
more...
fromnaija
09-14 01:26 PM
This issue was previously discussed here. In that thread I do not agree with user frostrated who stated that he reentered with an AP that was approved while he was outside the US. That may well be the case but I believe if CBP agents at the port of entry were vigilant he would have been refused entry.
http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354
http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354
slc_ut
01-18 10:30 AM
I've visited the local IRS office again. A different official told that only passport is enough for a foreign national to get the ITIN number. The W7 form needs to be submitted with the tax filing documents.
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piyu7444
05-06 03:05 AM
Folks,
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
To get an answer just visit this thread
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
I received a Transfer notice today for both me and my wife suggesting that our I-485 petitions have been transferred to the local USCIS office. Below is the exact message.
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On April 30, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LOS ANGELES, CA location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our LOS ANGELES, CA location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
From what I could find through browsing through various forums is that usually one ends up getting an interview when this happens. Does anybody have any other thoughts? or has anybody received a similar notice recently?
To get an answer just visit this thread
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
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kaisersose
06-02 12:10 PM
It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.
Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.
So ability to pay issues are no longer applicable.
Only at the 140 stage and for small companies. The OP has clarified that his 140 is approved and he works for a big company.
So ability to pay issues are no longer applicable.
more...
yestogc
11-17 02:26 PM
using AP with H1B will not affect your h1b status in anyway.
Go with what roseball said ..................... 100% true
Go with what roseball said ..................... 100% true
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raju6855
02-07 12:59 PM
Try calling the DOS and explaining then what's going on and see who you can call to check the status next.
The lawyers email is text book response and may not help you much.
If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!
The lawyers email is text book response and may not help you much.
If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!
more...
san3297
11-12 09:50 AM
I am waiting for transcripts from india. Once i get them i will post them along with original certificates and fedex return envelope. Will keep posting updates regards to this.
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Dhundhun
10-23 01:22 PM
AFAIK, oneway ticket originating US can't be bought in India. You need to cancel ticket, and buy a return (both way) ticket.
Usually tickets bought in India is cheaper - so there are these restrictions.
It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.
Rules might have changed, but this was latest information from my side.
Usually tickets bought in India is cheaper - so there are these restrictions.
It is possible to buy a ticket from US for a journey originationg from India. Airlines passes instruction and Tickets are issues in India.
Rules might have changed, but this was latest information from my side.
more...
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gc_maine2
03-26 09:11 AM
Does anyone have experience flying in Qatar airlines, My mother in law is planing to fly by Qatar airlines. Any info would be great.
Thanks
Sree
Thanks
Sree
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fromnaija
08-21 03:43 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
That is not the whole story. Unused visas from other countries are added into the pool for over-subscribed countries. For instance last year, India got about 49,000 immigrant visas in the EB category, while my country got only 1350.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
By these numbers, it looks like there are 7%x140K = 9,800 GC approvals for India in each year. If we factor in 1 dependent for each GC applicant, the number of primary applicants approved is roughly 9,800/2 = 4900 Indians per year. And this supposedly includes the EB1, EB2, EB3 categories. If we divide that equally, it could mean hardly 4900/3 =1633 primary applicants get approved each year in each category !! Is my inferences incorrect ? [someone tell me its better than this]
I don't know how many Indians are waiting for their GCs, but it sure seems like everybody I meet on the street is waiting for his GC .. so, I guess its going to be a long long wait.
[I am an Indian and hence, I took the example of Indians above. I guess the numbers are similar for all other countries. My Labor PD is Jul-2002]
That is not the whole story. Unused visas from other countries are added into the pool for over-subscribed countries. For instance last year, India got about 49,000 immigrant visas in the EB category, while my country got only 1350.
more...
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JunRN
05-16 02:55 PM
My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.
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meridiani.planum
02-20 01:00 PM
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
labor substitution was banned last year. Now you can only interfile your own LCs/I-140s....
So your only option is to file a new EB3 LC+I-140 and recapture your EB2 PD and thats only useful in the rare chance that EB3 dates happen to be better than EB2 like in current VB. But odds of that remaining the same are very low I think, so you will just have to wait in your place in the queue now. alongwith all the others.
RIP LC-substitution.
more...
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adobe howm
09-02 01:52 PM
Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?
You are freaking out UNNECESSARILY.
This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
You are freaking out UNNECESSARILY.
This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D
My Friend it does matters - Here is why - Although I changed my address online & got confirmation number every time I moved to different place - what happened was the RFE issued on my case was addressed to the place where I filed my application. Since then I moved to two different places and every time I moved I did update my address online promptly. Since RFE was posted to the old address as a result of the mail was fwd to all places where I lived in the past and finally delivered to my current address. Thanks to online status that I came to know RFE was issued on case with deadline. I received the RFE letter just about 3 days to respond. When we talked to CIS CSR about this the answer was that the IO who worked on my case got old address that was mentioned on my application itself and did not refer the address change made online. With help of my employer and attorney we were able to respond within the deadline date. I would call them and make sure the correct address and ask for confirmation letter from CIS. Hope this helps!
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greencardfever
12-11 08:33 AM
How many days prior to the EAD and AP expiry date can we apply for EAD and AP renewal?
Thanks.
greencardfever
Thanks.
greencardfever
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lunar
07-21 11:43 AM
I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.
americandesi
08-11 06:32 PM
On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1’s or GC’s.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
On rare occasions, USCIS revokes previously approved GC’s in case of fraud.
Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.
loudobbs
10-09 05:40 PM
This is very useful information. So it is the Job Classification code that is important right??
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
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