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Written By muthmmuuuaaanniish on Friday, June 10, 2011 | 6:25 PM

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  • pak
    10-08 03:22 PM
    I am on F-1 applied I-485 and I-765 (EAD) on July 3 but there is no RN till yet. Can I apply for OPT-EAD which USCIS process in 11 weeks?????





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  • Znan
    07-15 11:03 AM
    I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.



    The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.


    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance





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  • sdrk
    07-09 07:34 AM
    Reached on July 2nd, 9.01 AM through FedEx, mailed on June 29th





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  • psaxena
    03-09 03:19 PM
    Hi,
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!



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  • reddymjm
    03-16 01:26 PM
    Why he should expect an RFE in a Month or Two ?

    Any rational reason ?

    One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.





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  • psaxena
    03-09 03:19 PM
    Hi,
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!



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  • Dhundhun
    10-16 01:49 PM
    One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.

    He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.

    My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
    He is planning to come to U.S in February 2009 on B1.

    Could any one please help us with your valuable suggestions for the following questions?

    Is it possible to come to U.S on B1 even after resigning the job?

    Is there any possibility that the company revoke his B1?

    What are the documents required to come to U.S on B1?

    Thanks in Advance

    #1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.

    #2. The company wants to try your friend.

    #3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.

    #4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.

    #5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)

    Who paid for H-1B?





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  • tnite
    10-05 09:28 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..

    I dont think you will get a rejection. RFE is the most likely answer
    Am I 100% sure, No



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  • acecupid
    08-01 10:45 AM
    If you look at the new features list:
    A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.


    Simplified navigation and improved search capability.


    Enhanced customer service tools including expanded Case Status Online with both email and text functionality.


    Information that is written clearly and meets the needs of our customers.


    It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!





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  • chi_shark
    03-25 03:47 PM
    BTW isn't I-485 for a future job ? How does the current work location matter ?

    thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.



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  • sac-r-ten
    03-03 10:28 AM
    Congratulations and thanks for sharing.





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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,



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  • mikrupee
    08-22 02:47 PM
    My questions:
    While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.





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  • acruix
    06-19 12:58 PM
    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil



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  • venkatosizolon
    03-28 06:45 PM
    My employer is not paying salary. Where I should complain about him so I can get salary.

    Thx





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  • chantu
    09-15 06:37 PM
    I may travel to India in Oct on AP for first time. I am working on EAD and changed employer with AC21. I will use AP at POE.

    1) Do I have to get any transit visa if I go through European countries?
    2) Will there be any problem at POE? Any recent experiences?
    3) Do I have to go to consulate in India?

    Thanks in advance!



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  • kondur_007
    07-27 06:47 PM
    Thank you for the post.

    This is a nice comprehensive analysis by Ron.

    Eventhough the issue of maitaining other non-immigrant status (like H or L) is still up for the debate, he did clarify the very confusing memo from CIS.





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  • ajaysri
    08-07 02:21 PM
    I applied for EAD renewal at NSC on 07/03/08 and today 08/06/2008, the status shows card production ordered. I applied for my wife along with me and her status shows still received.

    Does the dependent (spouse) EAD in general get approved a few days after the primary applicants EAD is approved? I am not really using the EAD, its my wife who is using it, and thats the concern.

    -AjaySri





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  • manish1905
    02-03 12:47 PM
    what if your flight delayed or you fall seek and couldn't travel.I believe it would be a risky move having only 2 days or margin.

    MS





    njdude26
    04-07 11:10 AM
    Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?





    freedom1
    01-20 01:20 PM
    did u request a change, ex address change,..


    No I did not made any change of address.

    BTW, I did called the USCIS Service Center (If you can call it that), and customer rep. basically he readed it the same document back to me.
    When I asked him what he meant, he said, "Your case has been approved and we sent you the approval letter."

    Oh well. I have no option but to wait and see what they sent me.

    I'll believe it when I see it!

    Freedom1.



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