axp817
06-16 12:15 PM
Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.
Regards
MA
adibhatla,
What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.
Thanks,
Regards
MA
adibhatla,
What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.
Thanks,
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Tazike
06-27 09:44 PM
I read an answer written by an immigration lawyer about this type of situation and according to him once the divorce is final the conditional green card is invalid effective that day. That means that the immigrant spouse becomes out of status and would lose her right to work. Because of this the immigrant spouse should apply for a waiver right away once the divorce is final. Staying here and working while being out of status can cause problems of its own.
It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.
It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.
Templarian
08-27 01:47 PM
I leave it up to one of you guys to make a non-animated :smh: smilie.
http://kirupa.templarian.com/smh.gif
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bluekayal
10-16 03:56 PM
Didn't you have one in 2009?
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FinalGC
07-10 05:47 PM
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
ashkam
12-04 01:42 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
"You are on EAD which is based on an employment based GC application where you have to be employed all the time" : False and for the "duh" part, FAIL.
Also, FAIL for the second paragraph as well.
You can be unemployed while in I-485 pending status as long as you are able to show proof of future employment, if requested by the USCIS. The key phrases being "future employment" and "if requested".
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martinvisalaw
07-17 11:42 AM
By "Training" did you mean "Filing"?
Otherwise it does not make any sense.
There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:
$320 I-129 fee
$1500/$750 training fee (as it's usually called)
$500 anti-fraud fee.
Otherwise it does not make any sense.
There are 3 possible fees that need to be paid to USCIS when filing a H-1B petition:
$320 I-129 fee
$1500/$750 training fee (as it's usually called)
$500 anti-fraud fee.
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Winner
05-14 10:49 AM
Did my part for the month.
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Subscription Number: S-42J63140****
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amitga
04-28 03:20 PM
Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)
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Pagal
09-17 12:50 PM
Hello,
Closing of the sponsoring company may turn out to be a blessing in disguise ... if you show up at Comany A and ask for the employment as listed in your application, Comany A can show its inability to employ you siting the pending closure. As soon as this happens, you are a free agent to work with any other company in same/similar job. I remember reading this advice on murthy last year and you might find some links through IV archives as well.
Good luck!
Closing of the sponsoring company may turn out to be a blessing in disguise ... if you show up at Comany A and ask for the employment as listed in your application, Comany A can show its inability to employ you siting the pending closure. As soon as this happens, you are a free agent to work with any other company in same/similar job. I remember reading this advice on murthy last year and you might find some links through IV archives as well.
Good luck!
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yabadaba
01-26 10:59 AM
If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
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trueguy
08-09 01:08 PM
Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.
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asdfred
10-16 05:03 PM
duties matter..but, if your title is so different..they cannot be..this can be an issue..especially managerial duties involve managing resources which is very different to a developer..talk to your attorney if he can make it happen..i would do whatever the attorney says.
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pa_arora
07-23 04:24 PM
You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.
I would say its worth giving a shot.
[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]
I would say its worth giving a shot.
[You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]
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rajenk
04-21 01:37 PM
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
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smiledentist
06-14 02:23 PM
Anybody else, please advice.
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Eberth
10-21 06:08 PM
hehehe, btw, could anyone draw a dogs bed for me, hehehe,
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PBECVictim
07-29 02:59 PM
In Texas Service Center, they are not processing I-140 cases filed in the month July end and August. They kept the side. God knows about their future. But they are processing 2008 April and may cases also.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
Where is FIFO? They should follow FIFO. Lot of those cases were BEC labor applications. So BEC guys suffered 3 yrs in backlog ceter, no justice there. No justice in USCIS even, waiting more than 1 yr for I-140 processing.
It is not fair.
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doubleyou
05-18 03:30 PM
Rvendra, Looks like we are in the same boat.
1)Did you check with the Ombudsman too?
2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?
1)Did you check with the Ombudsman too?
2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?
pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
samrat_bhargava_vihari
01-21 11:39 PM
Kirshana_2001,
Did you verified with Attorney? If they offer you permanent employment I think they should file your I-140, then only they can transfer H1. In that case if you get I-140 approval then move to the permanent employment else stick with your company. ( Think of EB2 and Priority date transfer also).
Best of Luck...
Did you verified with Attorney? If they offer you permanent employment I think they should file your I-140, then only they can transfer H1. In that case if you get I-140 approval then move to the permanent employment else stick with your company. ( Think of EB2 and Priority date transfer also).
Best of Luck...
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