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  • a_yaja
    06-18 05:24 PM
    Here is my situation:
    I-140 approved and about to file 485.
    Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
    Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
    You can apply for EAD at anytime. All you will need is a copy of your I-485 AOS receipt (which I think USCIS will send to you, but I am not sure).

    After 6 months (180 days to be exact), your employer cannot revoke I-140 (and hence I-485) if you invoke AC21.





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  • GCSeeker123
    03-24 12:07 PM
    Yes you can Port your PD if your EB3 I-140 is Approved.
    Once the I-140 gets Approved the PD is locked.
    You can file a Labor under EB2 Using your MBA degree, once this Labor gets
    Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.





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  • gc_chahiye
    11-29 04:38 PM
    Hello Gurus,

    I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.

    Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?

    thanks.

    Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
    Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...





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  • danila
    07-27 10:04 AM
    I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.

    I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.

    I've heard that too, no more interim EADs. I was just commenting on the text of the post.



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  • dingudi
    09-30 06:48 PM
    Hi, can anyone shed some light on what happens if the 485 and 140 both are pending for more than 180 days and the applicant is laid off? Does AC21 come handy or any other way out? Also, only 6 months remain on the H1B(8th year extension).

    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet





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  • willwin
    03-11 09:09 AM
    It is minimum 60 days I guess. My PWD request was lodged 1st week of Jan and still waiting.



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  • Lisap
    08-16 05:54 PM
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.





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  • hopefulgc
    09-16 10:21 PM
    fulltime mba would have to be on F1 AFAIK. There is a detailed talk from attorney rajiv khanna's site about this. Please search on immigration.com


    Hi All,
    I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
    I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
    How about pursuing a full time MBA with EAD ( 485 PENDING)
    I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?



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  • TUnlimited
    11-07 05:22 PM
    By the way, I got my EAD. I don't want to spend money

    You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D





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  • askreddy
    02-23 10:38 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks



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  • eb3_nepa
    10-06 03:46 PM
    If your I-485 EAD comes through you have to use that and not the F1 EAD.

    Where did you get this information from? Can you please show a source?





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  • morchu
    07-24 12:02 PM
    You do not loose your priority date even if the old employer revokes the 140.

    As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.

    -Morchu

    Recommend brining wide on H4 considering you have H1B once she is here you apply for her 485 along with yours.

    1- Yes
    2- Yes (but the job duties have to be relatively the same)
    3- tricky, if your employer revokes your i-140 before you file a change then you lose the date. its tricky waters



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  • ItIsNotFunny
    09-23 10:15 AM
    I don't get it - where are the rest of the 2468 members?

    Can we send out a blast (through Pappu) to everyone on this forum?

    Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

    Those are the people who don't deserve GC!





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  • JunRN
    07-18 08:32 AM
    Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.



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  • webm
    05-12 10:00 AM
    Congrats!! you both..





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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.



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  • kaarmaa
    05-04 11:48 AM
    What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?

    Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet

    Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).

    The following statement may be incorrect. Please consult an attorney
    You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.





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  • ultimo
    10-18 12:45 PM
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks

    is there any LUD update on ur i485





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  • psam
    07-22 01:25 AM
    Hi,

    I applied I-140/485 last July. In November, 2007 I left the previous employer, i.e. before 180 days. In April, 2008, my I-140 is approved, i.e. after 180 days. I have worked for them for 4.5 years.

    Thanks!

    In case you decide to re-start your GC with another employer, use the approved I-140 to retain your original priority date.





    fatboysam
    05-17 12:39 AM
    I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?





    gcdreamer05
    09-29 01:27 PM
    If the doctor's office can give you claim codes, fine. Otherwise, you gotta do it yourself. Just submit the invoice copies with a good cover letter (explaining what it is). I did it with my insurance company and it went through smoothly. They treated our immigration medical exams as usual annual physical exams which are fully covered. Immunizations (i.e., vaccinations) are fully covered as well.

    Maverick_2008-+


    If you dont mind could you PM me or if it is ok with you share the name of your insurance provider so that we know and we too can file for reimbursement......