langagadu
05-01 03:06 PM
You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
GCBy3000
07-06 12:00 PM
asked both the two questions posed by fellow members.
dba9ioracle
09-23 02:19 PM
an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:
My understanding ... bullshit! You ain't doing nothing.
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
My understanding ... bullshit! You ain't doing nothing.
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
gcgcgcgc
10-26 05:44 PM
I was surprised to see my AP in hand
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
It seems it was approved on Oct 9 and my attorney received it on 22 oct
I received it today to be very surprised as the online message still says case received and pending
What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved
Good luck to all
Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.
more...
alterego
01-14 08:06 PM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
300 for December with a PD set at Jan 02!:eek::eek::eek:
Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Interesting. This probably does not even include the July Fiasco filers or the Last minute Labor sub. users either.
300 for December with a PD set at Jan 02!:eek::eek::eek:
Looks like anyone from India with a PD 2003 or later is in for a lot of waiting.
I'm not entirely clear why 3 applicants made them make the PD unavailable in Jan.
We can only hope for a PD jump if EB ROW spares some numbers in the final quarter. I think(perhaps I am hoping) they might move the PDs a little starting in June. If EB1 retrogresses or if EB ROW moves too fast even that might be out.
GCAmigo
07-09 09:46 AM
title translated..
more...
ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
kvrr
03-20 04:59 PM
Here is the link from USCIS website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190a RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190a RCRD
more...
keepwalking
05-16 05:24 PM
I applied for my EAD in the last week of Nov 10. I got mine in the first week of Jan 11.
For the question of 'if she can leave while USCIS is processing her AP', I am not sure...
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
For the question of 'if she can leave while USCIS is processing her AP', I am not sure...
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
pappu
11-21 12:27 PM
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
No There is already a backlog of such amnesty turkeys from past years. They are all stuck in name checks.:D:D
more...
rickys_in
06-03 12:21 PM
I am Confused Too -- Why Are People Sending DL and Passport Copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
I am not sending the DL and Passport copies.
It Clear Says do NOT send any Identification Copies Unless requested by USCIS
I am not sending the DL and Passport copies.
texanguy
08-12 02:30 PM
bump
more...
mps
05-28 10:26 AM
Hi,
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
After reading about the pro's and cons of EAD e-file and paper based. I found that when you paper file I765, you DONOT get a fingerprinting notice and you DONT need to give FP. You will get your EAD directly. With e-file you dont send in the photos but u will have to go do the fingerprints and photo taken..
Can anyone confirm this?
Thanks.
I can confirm this based on recent chat with my attorney. Attorney e-filed my EAD without any photographs and I have already got FP notice in mail.
nivedit.tyagi
02-19 06:52 AM
List of representatives for Georgia.
http://www.house.gov/house/MemberWWW_by_State.shtml#ga
Need to discuss a plan to call or meet them personally to explain our situation.
--
Thanks,
NT
http://www.house.gov/house/MemberWWW_by_State.shtml#ga
Need to discuss a plan to call or meet them personally to explain our situation.
--
Thanks,
NT
more...
amsgc
06-15 12:24 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
san3297
03-25 11:17 AM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
more...
anilsal
12-13 10:55 AM
Taking any action on 11+ million illegal aliens is no small job, It will take years.
rayen
05-27 07:08 PM
Experts,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
deardar
02-08 08:20 AM
Who are comming from USA ,did have particular consulate to attend.
How long have you been in usa ?
Is this your first time revalidation ?
How long have you been in usa ?
Is this your first time revalidation ?
ragz4u
04-10 12:42 PM
Thanks to all those who have responded to us. We will send out an email to all very soon. We are also planning to have a conference call sometime this week to go over this.
Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!
Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!
hi_mkg
05-08 03:18 AM
]i am thinking that this is a liar's post.[/B].. i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...
What do you mean? I'm asking a genuine question which happened to my brother. If you can not understand someone's pain and can not offer any help then what are you doing here? Bashing people with such kind of remarks and playing with their sentimence...
I'm going to report this post to Moderator..
What do you mean? I'm asking a genuine question which happened to my brother. If you can not understand someone's pain and can not offer any help then what are you doing here? Bashing people with such kind of remarks and playing with their sentimence...
I'm going to report this post to Moderator..
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