danu2007
08-03 05:14 PM
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
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stirfries
03-18 09:31 PM
I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
hemamani
06-19 04:26 PM
Hi.,
My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.
My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?
Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.
Thanks
My wife and kids went for visa interview last friday (13th June 2008). Visa officer collected their passport and told that you will recieve the passport by next week. NO colored notice/slips are issued that time. But, We didn't receive the passport so far. The passport was NOT sent to the VFS office either. When we called the consulate regarding this, they told that the passport is with Consulate only and I-797 verification is under process which will take 5-10 business days.
My questions here is:
1. Once the visa officer accepts the passport, what are all the process involved before despatching the stamped passport to the applicant?
Note:
Currently I am in US under visa extension and yet to get my passport stamped for this extension period. My wife went to stamping with my new extension approval notice I-797.
Thanks
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check_rd
11-06 06:05 PM
Let me check back on the date i had applied and let u know.
more...
sjhugoose
February 12th, 2004, 11:08 AM
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
Steven
Steve will you just give up this Facade! You know your gonna go the way of the mighty CANON. You know you want it! You've been trying to convince yourself for so long that you can stick with Nikon mount. But thats just it you need to convince yourself not to get Canon!!
FEEL THE FORCE obiwan!! :D:D:D:D:D
Its gonna happen sooner or later. might as not waste any more time HAHAHAHAHA
Oh, ISO 6---> buy ND filters!
Scott
immi_enthu
08-06 12:22 PM
12 calendar days. My I 140 was originally applied on 01/08/2007 upgraded to premium on 06/26/2007 there was a RFE ability to pay , reponse for RFE received on 07/26/2007. we called 18663155718 today, the IO officer said my case is approved today. online status still says it's pending.
Unfortunately the premium service on I 140 is not reinstated yet. Note I upgraded before (07/01/2007)it was suspended . Sorry for the confusion
Unfortunately the premium service on I 140 is not reinstated yet. Note I upgraded before (07/01/2007)it was suspended . Sorry for the confusion
more...
watertown
03-11 11:50 AM
Guys, I've aske this in another board but does anyone know any good attorney in Boston area who can handle WOM/ AC21 like stuff?
My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld
My company lawyer doesn't even bother to reply my e-mail!!!! Thats Todd and Weld
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samcam
05-19 02:39 PM
Welcome to our newest member, mmohan03
more...
anilsal
11-28 09:57 AM
What Next ?? Simple...
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(
Finger Printing, EAD, AP, NAME CHECK, GREEN CARD and CITIZENSHIP :)
Add some time period between each of these. The cumulative time that will take will be a few years (probably over a decade). :(
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shana04
05-18 05:43 PM
http://chugh.com/
Thank you very much for your response.
Thank you very much for your response.
more...
Nikhil2
03-21 08:02 AM
Does anybody have more comments on this case?
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reddymjm
12-10 06:04 PM
BUMP.....
EB2-I wait for April Bulletin.
Good to see EB3 movement.
EB2I and EB3 I should wait till Jul Bulletin.
EB2-I wait for April Bulletin.
Good to see EB3 movement.
EB2I and EB3 I should wait till Jul Bulletin.
more...
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rajivkumarverma
10-16 07:16 PM
Whats the reason for the denial ?
My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied
I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates
My Labour was For EB-3 and my I-140 was filled in EB2
One of my Colleague also had same case but he got query on his
I-140 and mine got denied
I have a question
Now I will have to file new labour and I-140 can
Will I loose my old priority dates
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chanduv23
03-14 02:18 PM
My project got over 2 weeks back and I have an EAD. I am looking for jobs and the market is very tight.
So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs
So my suggestion - just don't relax because U can safely move jobs on EAD. Keep trying hard. AFAIK there is no difference in the interviewing process so keep trying hard for jobs
more...
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Libra
07-15 04:10 PM
Its very simple, they are anti-immigrant channels, dont you know lou dobbs, o'rielly anti-immigrant shows have more ratings, so there is no way they want their viewer change their mind on immigration system. they are surviving on anti-immigrant programs.
All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.
I have the same question. If somebody knows please let us know
All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.
I have the same question. If somebody knows please let us know
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prince_charming
02-15 01:06 PM
Ding...
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reachinus
07-23 03:37 PM
C. UHRMACHER @ 8,26am on July 2
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canmt
12-06 07:59 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
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walking_dude
01-18 03:25 PM
Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many
IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.
IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.
newhandle
03-05 04:55 PM
You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?
I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
All in all, my combined income has been <$5K each year.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.
I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.
All in all, my combined income has been <$5K each year.
I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.
gomirage
05-28 05:19 PM
If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
