namm80
10-02 12:20 AM
Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.
I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.
You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.
This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.
I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.
seekerofpeace
09-05 12:01 AM
I saw in one of the threads : someone's CPO welcome status changed to "Approval notice sent" after couple of days....
Strange r the ways of USCIS
SoP
Strange r the ways of USCIS
SoP
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
AmitBohra
04-17 10:23 AM
Hi Gurus,
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
more...
gauravster
02-08 06:09 PM
Hi,
I am in a similar position, but slight variations.
H1B from Jul 2003. Already on 7th year extension which expires in Oct 2010. My Priority date is Jun 2007 and I-140 is already approved but, I could not apply for I-485 in Jul 2007 window.
I have the following questions.
1. Can I change a job ? If so, for how long will the H1-B be valid.
2. If the H1-B is valid, can the USCIS reject the application if the my current employer decides to revoke the I-140.
3. If I-140 is revoked, is there is possibility to port the priority date or will it be an entirely new priority date based on new application.
I have been getting conflicting opinions from different people. A particular immigration lawyer I consulted adviced me against a job change, though I might get a new 3 year H1B, he feared CIS might revoke it if I-140 is revoked (it is quiet clear my employer will revoke the I-140). Is there any guidance/cases regarding the same from CIS ?
Thanks very much for your advice.
Much appreciated.
I am in a similar position, but slight variations.
H1B from Jul 2003. Already on 7th year extension which expires in Oct 2010. My Priority date is Jun 2007 and I-140 is already approved but, I could not apply for I-485 in Jul 2007 window.
I have the following questions.
1. Can I change a job ? If so, for how long will the H1-B be valid.
2. If the H1-B is valid, can the USCIS reject the application if the my current employer decides to revoke the I-140.
3. If I-140 is revoked, is there is possibility to port the priority date or will it be an entirely new priority date based on new application.
I have been getting conflicting opinions from different people. A particular immigration lawyer I consulted adviced me against a job change, though I might get a new 3 year H1B, he feared CIS might revoke it if I-140 is revoked (it is quiet clear my employer will revoke the I-140). Is there any guidance/cases regarding the same from CIS ?
Thanks very much for your advice.
Much appreciated.
gc_on_demand
02-03 04:48 PM
Still they did not publish demand from ROW countries. Otherwise we would know about Spill over.
more...
shana04
07-31 10:27 PM
I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.
myvoice23, thanks for information.
myvoice23, thanks for information.
chi_shark
12-02 11:51 PM
thanks! i do have business activities... and i am not worried about audits...
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
If you are independent contractor you can take some allowed expenses. If you are salaried employee you need to show loss for getting some benefit. Generally if you show loss for 3 years continously then IRS mostly deny on third year. In any case if you take too much expense you are inviting audit and that is going to be nightmare. I do not think it is a good idea to start a company just for expenses unless you are going to do business. Atleast you should be doing independent contracting(corp to Corp).
more...
rmi
10-10 07:43 PM
July 2 filer. nsc->csc->nsc. No update since receipts on 9/14. No FP.
nvsreddy
10-07 01:26 PM
My case is also in the same boat, My case transferred from TSC to VSC on July 20th 2009, after that I applied for AP to VSC on 7th of Aug 2009 and I haven't got any update on AP yet (did expedite the process on Sept 28th 09 through SR) ....after so many calls to TSC and VSC came to know that my case is transferred from TSC to VSC for security check and reached VSC on Sept 28th 09 (so it took more than 2 months to reach from TSC to VSC.....I think ppl will walk from TSC to VSC to transfer a case :) )
more...
ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
amitjoey
07-11 12:17 PM
New Yorkers, do not let this opportunity pass by.
more...
mmanurker
10-23 05:28 PM
Yes, thats good news specially for the applicants in that region. In my opinion applicants from MP and Karnataka and AP will fall into that region I guess though not sure but just my 2 cents. Right now they just opened the office but I dont think they will be fully functional till mid-december 2008.
Bolt
04-08 10:55 PM
Hi Anand /Snathan,
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
more...
lecter
February 27th, 2004, 06:20 AM
I think 5 a week from us all is a grand amount.....
I am doing ten.....(sete an easy target for my self)
:)
I am doing ten.....(sete an easy target for my self)
:)
myimmiv
12-17 03:58 PM
There is no problem re-entering with a valid AP, even if the validity date is the day you re-enter.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
You will have a problem if your AP is expired. My daughter came back with just one month on her AP and she was stamped with extra 6 months on I-94. But I don't know the reason for that.
Thanks lagsum. So after 6 months, did you extend her I-94?. My understanding is that if you enter as parolee, there is no need to do anything even if your I-94 expires.
more...
msyedy
12-13 11:30 AM
CIR agenda in 100 hours not days..........
kevinkris
03-05 02:20 PM
They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.
That i what i think.
They can apply anytime and get a fresh H1.
That i what i think.
arnet
09-08 05:27 PM
i think it should be ok because some apply with non-availability certificate instead of birth certificate since they cant get one. Usually it depends on the immigration officer who reviews your petition at that time and what decision he takes. disclaimer: But check with your immigration attroney as I'm nt an attroney.
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
if possible get one with first/last name, i think it is easier to show the existing one and get new one because existing one has parents details too. dont take chances in I-485, because if anyone get RFE (query) then it will delay your case atleast a month or two, because you have to resend one again.
How about birth certificate stating initial and First name (not first name and last name). Any sugestions?
rajuseattle
04-28 04:03 PM
gc_check:
Very good advice to young EB-3 folks.
Very good advice to young EB-3 folks.
thuristic
09-01 09:04 PM
Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.
I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.
For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.
cheers,
I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.
For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.
cheers,