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this is just like what people talk about IRS. I got packet in mail asking to contact immediatly field officer at local office regarding 2006 tax returns. Thinking worst, I didn't even go beyond subject line and everybody I talked or told, scared me to death. Finally, I mustered up courage to go line-by-line. Didn't understand what they were talking about and neither did the notice had my name or SSN. So left with no-choice, called IRS and found that documents were for previous resident!

Lession for me (and all) ... if you haven't done anything wrong intentially, their is nothing to be afraid about.

Hi jkid,
Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.

Cheers!
Kirupa :)

saileshdude, what are your details like PD, Service Center, RD, ND etc?

I called NSC, but not info other than pending status.
Excited & Tensed !!

Between, what is G-28 ?

I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation

Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?

Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?

My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

One of the most common questions for situation your friend is in is why he waited this long to come to the US after approval of H1B visa. Another question is to show proof of job availability. It is 2 years since a petition was applied for him and a year since he got his visa. Unless he has some very solid answers, there is a possibility that they might deny his entry.
If you say that another position has opened up for which he is coming, then the next question would be if a new LCA was applied for the new position, which would then open up a totally new ball game. I would suggest that you have your friend contact his company lawyer for suggetions, rather than listen to advice given by people here who have not been in such situations.

It took a little over 3 months for my H1 to get renewed but I wouldn't base anything on this. Its govt... if they feel like working they will approve yours in 3 weeks and if they don't you can read Bose's issue. I have lost all respect for functioning of govt.

I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.

Thank you for replying. My Apr 2008 EB3 PD is so deep in the pit that I better take chances to apply again in EB2 .
Regards,
Clifford

Thank you uscisc.

I understand. I want to know while processing the H1B withdrawl will they look at 485 and issue EVL RFE?


Thanks

Thanks for the information

I'd do the reverse. I am currently working on EAD so I dont want any issues with being without an EAD for even a day. I'd apply exactly at the 120 day mark. Even if I lose some valdity, its ok.
As far as AP is concerned, I dont mind if it comes a bit later or even after the previous one has expired.

3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.

Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,

MC

we are going through it right now.
planning to file g-28 only and not AC-21 letter.

Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks

Hi ,
My wife is in this situation where she would like to travel to Canada to see her sister.
We applied for 485 and have got out EAD( did not apply for AP, thinking of appying now.)
She has a H1B stamping from her old employer's H1, valid till 2009. She moved to a new company and the H1 there is pending.

Can she travel to Canada and comeback showing her old stamping ?

Are we abandoning the current H1 if we go out while its pending ?

She just wants to see her sister and they wont let them visit either. :(

Thanks a bunch for your time.

clarify21: If you would like to maintain the H1B status, for the part time job, you will have to ask your part time employer to do the new H1B; by having two H1Bs you can work for two employers the same time.

Can you do this?, am not so sure that you can have 2 H1B's and work for both. Don't you transfer your h1 to the new employer?

I am sure clarify can use the EAD for the both full and part time job.

Hi
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.

I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!

Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.

I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.

I would also like to know how long it took for any of you who applied for the EAD??

Thank you!

Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

Thank you.

I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.

In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.

Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.

Could you share information about your attorney?

If you are case is straight forward and If you are doing H-1 transfer, dont waste money on AC-21. Wait until if and when you get a RFE and respond. Do you need an example of some one who got his GC by not filing but who shifted his residence from east coast to west coast?...you are looking at his message.

Just my 2 cents for what it is worth....

Good luck!

There was a soft LUD on my I-485 on 01/01 and today (01/02). I had applied for my H1 extension sometime back.Will my 485 be touched because of H1 ? My PD is Aug 2006 EB2(obviously cant expect AOS getting processed at this time).

Any thoughts?

You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.

My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.

Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?

does it create any problems at Port of Entry ?


PS: I have not started GC process yet. So, I didn't update my profile.

I believe you coud've done that before the introduction of the SEVIS system. Now you will have to first report to the university that you got the visa for, and then fill out a new SEVIS form and then change to another university.