venram
12-26 12:17 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
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rameshms
08-05 08:37 PM
I have not tried Dish IP TV. If you are only looking at Indian programming, you may want to look at WatchIndia (dot) TV. I must point out that the quality was not great (especially while viewing on a large screen, it was good enough a Dual Core laptop). Recently they have introduced a STB option. I am guessing this maybe good. Anyway, they have a 15 day trial, which you can check out.
This could be one of your options, as you have a limitation of not availing of a satellite.
This could be one of your options, as you have a limitation of not availing of a satellite.
swamy
11-27 04:08 PM
The moment one loses a job - technically the H1 status is lost. You can continue to stay here and look for a job under the Attorney General's authorization (AoS pending i.e) but USCIS is apparently counting it against the 180 days out of status that one can be for 245(k) purposes. So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring your H1 or you may have to begin using your EAD and AP for travel etc
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siddar
06-30 11:13 AM
This is my 2 cents, take it or leave it. Please consult the lawyer before taking any decision.
Two H1 are allowed, as long as both are part time and total hours per week is around 40 hours. If you already have a FULL time H1, that is 40 hours, then the Intelligent IO might think that your taking someone else's job.
You can have multiple FULL time H1, but can work for only one employer FULL time.
If you have GC or Citizenship, then the labor laws are different.
Two H1 are allowed, as long as both are part time and total hours per week is around 40 hours. If you already have a FULL time H1, that is 40 hours, then the Intelligent IO might think that your taking someone else's job.
You can have multiple FULL time H1, but can work for only one employer FULL time.
If you have GC or Citizenship, then the labor laws are different.
more...
OLDMONK
07-18 09:19 PM
I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.
singhsa3
07-12 02:03 PM
Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
Misha,
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
Misha,
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
more...
mirage
07-29 02:25 PM
I did not have prior information about this call, else I would,ve ask them 2 questions.
1) Why Don't USCIS give 2 years AP too..
2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..
Thanks
1) Why Don't USCIS give 2 years AP too..
2) USCIS should publish some statistics on how many Employement based AOS applications they have pending, what EB categories they are in along the the chargeable country and priority dates..
Thanks
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Macaca
07-11 06:28 PM
the bay area.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
more...
pitha
06-28 03:12 PM
This is a very common issue. Most of the times the HR title and job title and Labor title do not match.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
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fatjoe
10-31 12:42 PM
My EAD application has been pending more than 90 days.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
Did you get your FP?
I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.
Just called the USCIS office.
Look like the center it has been sent to is processing EAD's of date: May 03.
So my application is still 2.5 months away.
The agent tells me that I can get an interim EAD, by scheduling an appointment using InfoPass: http://infopass.uscis.gov/index.php
Just posting this since, I had earlier asked about the 90 day rule for EAD's(if you do not get within 90 days, you can get from local office) and everyone told me that .. this rule was dead and buried.
Looks like it isn't :)
Did you get your FP?
I went to local office(Detroit, MI), and they said that they no more issue interim EADs. Also, they said that we should have got our FP notice before approaching them for EAD.
more...
sky7
07-26 10:09 AM
Dear all...
I need some advice here...
Here is my current status:
**LC filed: Sept 2002, EB2, RIR
**I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
** On 7th yr H1B ext - expires March 2007
My questions are:
1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?
I actually asked the my lawyer the similar question, this was her response:
"There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"
Can I get a second/or more opinions on this?
2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?
3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?
4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?
I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)
Thanks in advance for ur help
Sky
I need some advice here...
Here is my current status:
**LC filed: Sept 2002, EB2, RIR
**I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
** On 7th yr H1B ext - expires March 2007
My questions are:
1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?
I actually asked the my lawyer the similar question, this was her response:
"There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"
Can I get a second/or more opinions on this?
2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?
3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?
4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?
I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)
Thanks in advance for ur help
Sky
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logiclife
01-30 12:14 PM
click on the "Members list" link, I think you can see how many members are there in this organization.
--logiclife.
--logiclife.
more...
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abhicyber
10-31 09:43 PM
I applied I-485/EAD/AP on RD: 07/19/07 ND: 08/16/07.
No EAD/AP yet?
LUD on AP: 10/22.
No EAD/AP yet?
LUD on AP: 10/22.
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shivaniraina
07-26 08:13 AM
As you are exempt from the cap, you can start working as soon as you get new petition approval.
Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.
Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.
more...
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GCwaitforever
08-15 11:04 AM
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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bestofall
07-28 04:27 PM
CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
Is any one would like to join this !
Is any one would like to join this !
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HumJumboHathuJumbo
10-31 11:02 AM
what address should i mail my I-131?. I did not file with my I485 application.there is a chicago address on form I131.should i mail it there?.
thanks
thanks
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eb3_nepa
12-09 05:08 PM
I agree on this "full disclosure". If I have to leave a comment or a red/green dot, the person writing the comment HAS to be forced to reveal their ID.
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morchu
05-04 03:33 PM
It can be done online also. That is the second step in online process of AR11.
Ok, so basically I need to call customer service and have them update address for all pending cases?
Ok, so basically I need to call customer service and have them update address for all pending cases?
maco
08-10 11:41 AM
Emailed my attorney immediately and he said that as long as the checks do not bounce the application is going to be OK.
It does not matter to the USCIS if the checks do not have the same address as on the I485.
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
It does not matter to the USCIS if the checks do not have the same address as on the I485.
thats sigh of relief for me.
My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
Not sure why attorneys do this
braindrain
09-02 11:45 PM
I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.
My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.
If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.
Any advice/help is greatly appreciated.