martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
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ssdtm
12-12 04:10 PM
Depends on when you sent your H1 renewal application. If you expect the approval by Jan, then you can wait as you can get at least 3 yrs of DL (p.s. - some states give DL beyond the visa expiry date)
Otherwise, use EAD to get DL for 2 yrs.
Otherwise, use EAD to get DL for 2 yrs.
indyanguy
08-17 04:30 PM
Thanks for your reply. What does DMV care about to decide till when the license will be valid?
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
1. H1 visa on the passport
2. H1 approval notice
3. Can I show them the AP?
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wc_user
08-27 01:25 PM
My company is in a different state. I am consulting and hence working in a different state. Do we specify the job location in PERM application ? If yes, does it matter that I am working at a different location ? I am working on applying PERM in EB-2. Thanks.
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10-04 06:07 PM
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WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
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alterego
12-04 07:23 PM
Indeed. 140s are getting a lot of RFEs nowadays and are once again taking nearly a year. It is a brave soul that will avail themselves of the AC21 180 portability provision without an approved 140 petition.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
The main points are the following, if you get an RFE and it has anything to do with your employer eg. ability to pay etc, can you count on them to send in that paperwork. If your employer withdraws the 140 application then you are left without a plank to stand on for your 485 as well.
Basically you are on very thin ice if you invoke AC21 absent an approved 140. If you are contemplating such a move, you should atleast consider doing it on a H1b visa as back up.
These are my views, please consult an attorney.
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Berkeleybee
04-06 11:25 AM
It was my understanding that in the current context when people say "Hagel bill" they are talking about the "Hagel-Martinez" compromise on guest worker legalization, not the entire old Hagel bill.
See http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
Is there any concrete article/source that suggests this is not the case?
Berkeleybee
See http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html
Is there any concrete article/source that suggests this is not the case?
Berkeleybee
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continuedProgress
03-25 04:10 PM
In my opinion - with a Apr10 AP expiry date, getting a Schengen until Apr20 may not be possible. Unless the consulate wants to be nice to you! :)
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nathan99
04-21 05:44 AM
I always have liked bacon... :thumb:
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saravanaraj.sathya
08-20 10:16 AM
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hemanth22
06-25 05:29 PM
yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP
I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).
Regards
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP
I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).
Regards
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anyluck?
09-09 10:42 PM
Thanks for the reply.
Can we go to local USCIS office and get new I94.Does that resolve the issue.
Thanks
Can we go to local USCIS office and get new I94.Does that resolve the issue.
Thanks
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trueguy
05-21 09:36 AM
Few things:
1. The inventory of Pending I485 is not reliable.
2. If they approve all pending EB2 it means they have to move the PD forward and as they move the PD, new applications will be filed. There are thousands of EB2 labor approved and they are waiting to file I-485
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
1. The inventory of Pending I485 is not reliable.
2. If they approve all pending EB2 it means they have to move the PD forward and as they move the PD, new applications will be filed. There are thousands of EB2 labor approved and they are waiting to file I-485
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
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fromnaija
09-14 11:42 AM
I think you can only work for 240 days on a pending H1 extension application. If your application is not approved in 240 days you may be out of status. Please talk to your attorney to confirm this.
On pending H1 extention there is no limit for how long you can keep working.
On pending H1 extention there is no limit for how long you can keep working.
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sroyc
07-09 04:23 PM
I believe that it's the date of last physical entry into the U.S.
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
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satishm
08-18 09:40 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
Check with your attorney
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muhamm5
02-05 10:54 PM
I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
. help will be appreciated
Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
. help will be appreciated
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solaris27
06-05 04:41 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
InTheMoment
03-24 12:49 PM
Totally irrelevant to this forum. Administrator please review this thread.
ragool25
08-26 01:36 PM
No one to shed answer for my thread.
Please respond if anyone knows!
Please respond if anyone knows!
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