sreenu530
05-10 10:44 AM
Hi all,
My h1 extension was denied recently even after 140 was approved and I filed for MTR...and am waiting for the receipt number...i am in my 5th year on h1b...and i did nor apply for 485 yet..
my employer/attorney also said i can be here for 180 days...
can i change my status to F1 - study visa during this period.
My h1b and i94 expired last month....april 13
what are the other options....
any leads will be helpful..
Sreenu
My h1 extension was denied recently even after 140 was approved and I filed for MTR...and am waiting for the receipt number...i am in my 5th year on h1b...and i did nor apply for 485 yet..
my employer/attorney also said i can be here for 180 days...
can i change my status to F1 - study visa during this period.
My h1b and i94 expired last month....april 13
what are the other options....
any leads will be helpful..
Sreenu
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roseball
08-11 01:18 AM
Excuse me if its double post.
Instructions for Electronically Filing Form I-131
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
There is no I-131 (or I-765) filing fee if you filed your I-485 under the new fee structure. Since the filers of July 2007 fiasco still filed with old fee, unfortunately we are not eligible for free renewals.
Instructions for Electronically Filing Form I-131
USCIS - Instructions for Electronically Filing Form I-131 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
There is no I-131 (or I-765) filing fee if you filed your I-485 under the new fee structure. Since the filers of July 2007 fiasco still filed with old fee, unfortunately we are not eligible for free renewals.
learning01
04-14 01:19 PM
and stands at 90% (active members vs. total members) as of now.
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uw2010
07-06 05:06 PM
I Just heard back from my Fortune 500 company that they will accept the replacement card receipt notice...so it may work. It will help to specifically ask the HR/Lawyer to check the Receipt rule.
more...
punjabi
08-07 05:57 PM
...that means your application has been accepted.
If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!
If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!
MA_Labor
09-10 11:15 AM
To answer your second question, yes, the employer can revoke your I-140 petition which could result in denial of I-485 application. You are only covered under AC21 if your I-485 has been pending for more than 180 days as the previous poster suggested.
more...

dpsg
04-09 05:47 PM
Thanks for everything you guys do to solve the EB related issues.
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mdcowboy
09-01 01:37 PM
Hi IV Attorneys,
My wife's I-797A got lost in transit mail. I was wondering is there a way to order a replacement I-797A and how long would it take to get one. I need to take it to the SSN office as they require original documents to issue a SSN card. Your help is much appreciated!
Thanks.
My wife's I-797A got lost in transit mail. I was wondering is there a way to order a replacement I-797A and how long would it take to get one. I need to take it to the SSN office as they require original documents to issue a SSN card. Your help is much appreciated!
Thanks.
more...
roseball
07-01 09:36 PM
Since USCIS started I-140 premium processing service on 06/29/09, you can try and upgrade your pending I-140 to premium processing so you can get a decision on your case within 15 days...When you get your I-140 approval, you can file for a 3 yr H1 extension based on it.
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qualified_trash
07-18 10:47 AM
If you filed your case 30 days or more before the date shown under the heading “Processing Cases with Receipt Date of” and you have not received a request for evidence, a decision, or another notice in the last thirty days, please call our National Customer Service Center at 1-800-375-5283.
from the url
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
from the url
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Vermont
more...
Digitalosophy
09-26 02:23 PM
lol i think he wants you to see his work!!!
:lol: whats funny is he emails me this right, then when I go to reply, he blocks emails :puzzled:
So I may ask... If you don't want emails, what makes you think I want yours?
:ear:
:lol: whats funny is he emails me this right, then when I go to reply, he blocks emails :puzzled:
So I may ask... If you don't want emails, what makes you think I want yours?
:ear:
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sbmallik
05-29 09:16 PM
Yes your employer can apply L1 visa for you again.
more...
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Macaca
01-31 04:42 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school ?. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)?
Please look at Zima's post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081) forum.
You can get an answer to the second question by asking the International Student Office of the University. That answer will be more reliable then the answer from a lawyer.
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)?
Please look at Zima's post in For NIW and OsR applicants (http://immigrationvoice.org/forum/showthread.php?t=3081) forum.
You can get an answer to the second question by asking the International Student Office of the University. That answer will be more reliable then the answer from a lawyer.
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sivanyk1234
11-04 08:02 AM
It will be very helpful , if any one can clarify the new rule FATCA in regards to Indian NRI bank accounts. Will FATCA filing is required for Green Card Holders also.
Thank you.
Thank you.
more...
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ApprovedI140
06-20 01:26 AM
Hi All,
How many of you gone through this postings in www.Murthy.com website.
"Priority Date Movement and H1B Extension Strategies"
This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.
Note:
a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.
1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.
2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.
3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?
thanks for reading this .
Can anyone suggest a good and best way 2 go in this scenario.
Thanks
A
How many of you gone through this postings in www.Murthy.com website.
"Priority Date Movement and H1B Extension Strategies"
This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.
Note:
a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.
1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.
2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.
3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?
thanks for reading this .
Can anyone suggest a good and best way 2 go in this scenario.
Thanks
A
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kirupa
06-22 03:11 AM
wiifanatic - the image has to be at least 800x600 in dimensions :)
more...
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yagw
08-18 10:46 PM
Hi,
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.
My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.
Any suggestions please
thanks
You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.
DISCLAIMER: I am not an attorney and this is not a legal advice.
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Munna Bhai
12-03 05:42 AM
Hi friends,
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
I planning to change my employer after 180days and I want go for the fulltime by using my EAD because my I-485 will take next 3 or 4 years (PD May-2007). My present H1 is still Oct 2008 (labor and I-140 cleared).
1. What are the chances for rejecting my I-485 file?
Ans:Very less unless you violated any status or any law.
2. If my I-485 file rejected after my H1 expired (EAD using) ?
Ans:You are out of status, switch to in-status, like B1.
3. How to settle out this ? Do I need to go back india?
Ans:Yes, you need to go back and come on fresh H1.
Seniors please provide me suggestions.
Overall, enjoy the stay in EAD and don't worry much about what happens at I-485.
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dbzfan33
10-07 12:10 AM
ohh ohh ohh ohh, i hope no one already did it! cause i was about to ask if someone could also do just the letter M. Rotating.
apatel_17
03-28 08:37 AM
Since Senate passed the CIR bill last year, is it necessary for the Senate to pass a bill again this year?
If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?
Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.
If the House manages to pass CIR this year, wouldn't a committee (Senate & House members) meet and chalk of the difference and come to a common ground?
Pending legislation from last year were part of a different congress (house+senate), and all bills from last congress, that failed to become law, expired at the beginning of this year when a new Congress took charge. That's why CIR is being re-introduced in both the house and senate.
fester8542
04-08 04:29 PM
ok last one :beam:
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