kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
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aguy
07-26 08:40 PM
so, would you say just waiting for the RFE instead of sending in the exam result with a cover letter. i am afraid that it may get lost. on the other hand, if they delay the RFE by over 6 months, we will have to do the medical exam again. what would you suggest?
sss9i
03-23 11:53 PM
Any suggestions!!!
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draino
04-15 10:38 AM
Thanks, actually the clouds I took from a tutorial I made for Fireworks and the barn is an idea I'm working on for a website for my brother's farm in Vermont.
I can see the south park resemblance though.
Wayno
I can see the south park resemblance though.
Wayno
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fide_champ
03-21 05:47 PM
I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
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jsb
09-05 10:09 PM
Hi,
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
I am writing here for the first time.
My checks got encashed only for EAD/AP.
I filed concurrently I140/485 and PD is 2006.
Can some one tell if this is normal?
Thanks
This is thread for I-485 status check with USCIS customer service !!!
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gotgc?
03-05 10:44 AM
Hi All,
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
I work for a big software company and they have recently changed their name "XXXXUSA Inc" to "XXXX America Inc". It is just a company name change and everything else is the same. But, we got an email from our Lawyers yesterday that "Your I-485 application remains valid under AC21 portability provisions despite the change in your employment. In order to continue with your existing permanent residence application under the AC21 portability provisions, we will prepare and file a letter to notify the USCIS of the change in your employment from XXX USA, Inc. to XXX America, Inc."
My I140 is approved with XXXX USA Inc and AOS is filed based on that. My concern is that I am travelling to India on AP and come back in Mid May. I have the following questions:
I asked if I can delay this filing until I come back..my lawyers said "While there is no hard USCIS deadline for this particular filing, this project is a high priority for us and our instructions are to complete this project for all employees ASAP. The AC21 filing will not affect your pending I-485 or your entry into the U.S. in any way"
1. Is it true as my lawyers say that there is no deadline to file AC21? My confusion is should i do this or delay until i come back?
2. If they file this letter would there be any impact to the pending I485 and hence my re-entry to US using AP? Because I read so many threads regarding wrong denial of I485 because of AC21? In my case, it is the same company, no chance of I-140 withdrwawl etc...
3. Assuming if I delay the filing, when you enter on AP, i heard they are asking are you still working for the same petitioner? If I some how had to tell them my company name has changed, then would there be any problems because of not filing this?
My POE is SFO.
Please share your opinion guys..thanks for your help.
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ivjobs
10-28 06:31 PM
Why is beautiful_mind in all reds?
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
Are you pinching beautiful_mind reminding him about the reds. I think he isn't concerned but you appear to be more concerned for his reds.
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jack
11-01 01:41 PM
Thank you very much for the suggestion
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pasupuleti
05-16 01:37 PM
My friend used AC21. He switched jobs after 6 months of filing for 485. He had a query on his 485 seeking experience letters for previous and current employment. He filed those and his 485 approved.
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
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new_horizon
07-14 06:43 PM
I had an EAD (OPT) soon after I completed school in 1999 and after that I switched to H1B. I am now considering filing an EAD: Should I file a New or a Renewal EAD? Thanks.
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VMH_GC
07-22 01:40 PM
thanks guys. i wished there was any interim EAD to continue work.
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cygent
01-26 07:16 PM
Consider filing a complaint with AILF. But do so at your discretion, as relationships are also *VERY* important in these matters. Better not to burn to many bridges.
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987Image
July 26th, 2006, 07:30 PM
I loved the first shot showing both the guy and the bird looking intently down into the river. And yes he is no friend of the fishes
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somegchuh
07-11 04:03 PM
Ok, guys so I am going thru my annual ritual of H1/H4 renewal. I have never tracked the H1 processing on the USCIS site in the past. This time I decided to track it. I notice that my wife's H4 has been approved (been over a week) and mailed but there has been no activity on my H1 ! Does that make any sense? Isn't H4 a derivative visa that is approved only if H1 is approved?
Anybody seen such odd stuff?
Anybody seen such odd stuff?
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zxcvb
07-23 09:17 PM
If they reject the application if a signature or something is missing. Can we refile again? Or do we wait for PD to become current again.
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ushkand
07-23 10:20 PM
WOW! they'll accept applications without medical examinations. Wish I had known that before sending my second app. :( Seems like USCIS is more forgiving this time around - you think the flowers had something to do with it?;)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
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amitjoey
07-24 11:49 AM
Hire your own attorney!. That will save you a lot of money and will give you peace of mind.
caydee
06-19 08:15 AM
How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?
ss1026
06-22 08:08 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
I asked this question to my lawyer and he said he would including info about both I-140's and they USCIS will chose one. I am not sure what it would depend on but my lawyer is knowledge and he said I would not to pick on. I believe I would get the earlier PD if the pending I-140 is approved
I asked this question to my lawyer and he said he would including info about both I-140's and they USCIS will chose one. I am not sure what it would depend on but my lawyer is knowledge and he said I would not to pick on. I believe I would get the earlier PD if the pending I-140 is approved
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