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Pippa Middleton

CADude

07-21 01:10 PM

First year EAD and AP are Included. Not Life long EAD/AP. Wishful thinking in your part :) Nothing comes free here.

Guys:

I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

If anybody knows this answer, please attach link or direct to the USCIS page.

Thanks

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ritwik_ind

11-16 03:17 AM

This is multi-week process ritwik. I wouldn't expect the public poll to go up any sooner than the 18th.

:)


great... Thanks kirupa.

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raysaikat

03-17 03:46 PM

(I am not an attorney)


File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR (EB1_ExtraOrdinaryAbilities_Tips (immigrate2usaorg) (http://bit.ly/dophyK)). I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA?
File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

EB1-OR requires the petitioner to hold a tenured or tenure-track position. Research faculties are generally not on tenure-track. "Comparable" positions are eligible, but USCIS might not consider a research faculty position as comparable in an university/dept that does have tenure-track positions.

To answer the original question:

You just need to extend the H1-B status when it is about to expire. You can keep doing that for 6 years without any additional issue. If your stay in H1 status (count both H1-B and H4 days) is going to be 6 years, then you make your university submit an EB2 petition. Once the labor is 1 year old (i.e., the submission date is 1 year old) or you get your EB2 I-140 approved (should be a piece of cake for any university faculty; tenure-track or otherwise), based on the EB2 petition you can keep extending your H1-B status (AFAIK) indefinitely.

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bsnf

07-12 02:30 PM

I called my lawyer yesterday and he told me that he did not get a single case send back.

He filed 300 applications.

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desi3933

02-11 10:43 AM

Hi All,

I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.

As per my understanding these are the options:

1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...

2) I can join my H1 employer...

Can anyone of you please suggest if these options are correct OR is there any other better option available...

Eagerly waiting for responses...

Thanks,
Gagan Chodhry

Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.

You applied for L1 extension on Oct 15th.

Would you mind sharing the denial reason with us?

__________________
Not a legal advice.

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pragir

06-09 01:08 PM

His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.


Congratulations. How long did it take since your PD became current till you got the card production ordered email?.

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kanakabyraju

08-18 01:46 PM

Recently received interview letter, scheduled for Sep,3rd.

1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

2. Is I-140 approval copy required? Interview letter does not say anything about it.

3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?

For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.

Good luck with the rest.

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cecil1558

10-15 03:38 AM

Thank you for posting this enlightning article. I think some of it is very true, give it fifty years and oriental Asia will have become an even greater threat to the US� leadership, if not ended it completely. I�ve never looked into this, so I�m asking: Aren�t there different immigration rules that aren�t as strict when you actually study in America? And when you go study there, do you need immigration permission and does it take you this long to get it or what?

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viva

01-13 12:47 PM

you are a selfish person. you do not care about the rest of the iv community.

these provisions are suited for your own benefit. please do not distract the forum with ideas suited to benefit you. let's stick behind the iv strategy.

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WaitingForMyGC

02-24 04:19 PM

Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.

Dude, Are you planning to marry an american citizen? :-)

Just kidding..

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kondur_007

08-21 06:28 PM

I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

Now, I finally made my mind and about to get an offer (after labor day, they say).

The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

My PD is July 31st, 2006.

Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

please advise if the timing (within 3 months) makes sense.

Please also shed light on the permanent intent thing .

Many thanks

I am not a lawyer, but this is my honest opinion:

If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.

Good Luck.

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mugwump

11-25 12:48 PM

that's right. if u switch to F1 now then u will pretty much throw away your GC app. Plus you can only go to school part time on H1 with explicit written permission from the employer (consult lawyer to see if additional paperwork is needed). But you can go full time on EAD.

You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.

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Lollerskater

04-23 11:46 AM

I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

I filed at NSC, my case ended up in TSC.

Nothing much makes sense, nowadays. :confused:

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jonty_11

09-17 07:11 PM

its probably this thread
http://immigrationvoice.org/forum/showthread.php?t=21334
correct..it is teh link..so AP is indeed for Emergent Travel....and there could be possible issues when reentering US if IO is an AHole...
SCARY!!!

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QuietFlowsTheDon

04-16 05:09 PM

flower mound is a pretty good place.
good schools, home prices are a little better than nearby irving/valley ranch/coppell. property taxes are lesser than that in most other DFW suburbs.
pm me for any other info you would need.

I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!

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raysaikat

03-17 03:53 PM

Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?

Appreciate inputs provided

See my reply above. To add to it, if your position is really a "faculty" position, then University will take care of your GC petition. However, if it is really a glorified title for a postdoc position, then they likely will not. In that case, you need to look for a new job.

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Jerrome

07-09 11:56 AM

How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

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shx

06-29 03:13 PM

This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

The copies are wothless to you if you leave the company anyways, before you get an EAD.

Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.

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rdehar

07-20 12:26 PM

Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

Please draw your own conclusion(s).



By the way,

*. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!

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tiger05

03-01 05:31 PM

Thanks for the reply,

because of this my H1 transfer will be denied any one face this situation.

pls let me know

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bomber

08-16 06:28 PM

Does anyone have any idea what the code stands for.

485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3

Code 3 means "Fingerprinting, signatures and photos will be taken"

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