vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
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samrat_bhargava_vihari
06-19 09:06 AM
How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?
AP valid :1 year from the issuance.
Not sure , we filed on June 1st I will let you know once I get AP.
AP valid :1 year from the issuance.
Not sure , we filed on June 1st I will let you know once I get AP.
eb3_nepa
05-27 11:53 AM
I am in a similar situation but since my receipt number is a Texas number I will write Texas Service Center. No point confusing the USCIS.
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interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
more...
tranquilram
02-22 12:24 PM
I'm in a similar boat......
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
You can file after April 10 (six months to October 10), correct?
Are you planning to get your visa stamped while your are in India? The earliest date to appear for visa stamping is 90 days before the visa start date. I dont know if this rule is very strict or applicable in this case.
LostInGCProcess
11-10 09:03 AM
Hi All,
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
1) You can enter US on your H1B visa even though you might have applied for I-485.
2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.
I have a situation where I can not find proper information and would like to ask all the experts in this column.
I'm on H1B visa and have valid visa till Dec 2011. We are about to file I 140. My PD is current and I would like to do the concurrent filling. But I need to visit my home country next month for important engagement. And do not have time to get AP before I travel. I appreciate if you can find answers to my questions.
- Can I reenter to USA on valid H1B visa when my I485 is pending (without AP)?
- If so, Do I need to go for another visa stamping in my home country? (I have a valid visa, but was stamped in Mexico) & Will there be any issues for I485 application?
Thank you!
:)
1) You can enter US on your H1B visa even though you might have applied for I-485.
2) You don't need to go for another visa stamping if it is valid for more then 6 months. If you are on new H1 then you must tell at the POE to put the exp date from the new H1 on your I-94.
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newbie2020
04-29 08:45 PM
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF
Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF
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JohnGalt08
02-20 08:19 PM
this is not consistent. I just booked appt for my in laws yesterday 54 year old but did not get 157 pop up just 156. hope this helps.
you can log in to the vfs website and see if a DS157 is available for filling in. If yes, then just fill it out and print it.
you can log in to the vfs website and see if a DS157 is available for filling in. If yes, then just fill it out and print it.
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indianabacklog
02-26 09:57 PM
Hello,This is my first time here.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
I am graduated F-1 students and now working in my OPT period
OPT valid 4/1/2008-3/31/2009.
I am gonna send application for H-1b on 4/1/2009.
If H-1b approved in April or May 2009.
My Questions are:
Can i work and stay in US during 4/1/2009-5/31 ?
( what is my status,OPT expired on 3/31/2009,H-1B not approved)
Can i work and stay in US druing 6/1/2009-10/1/2009
(What is my status?)
Thank you !
You cannot work beyond the last day of your OPT work authorization.
You say you are going to apply for an H1. This can only be done by an employer who has already fulfilled a labor conditions application on your behalf.
Once your OPT finishes you cannot just stay in the US to wait and see what happens. You will need to leave and if your visa application is approved you can get a visa stamp at your local US consulate and enter the US again within two weeks of your first date of employment which cannot be before October 1st 2009.
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immi2006
01-05 10:10 AM
As a humble suggestion : Why not pursue an offensive approach ?
Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..
We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.
Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !
Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..
We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.
Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !
more...
gcdreamer05
02-17 09:48 AM
Thanks for sharing the info.
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).
Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC
How long was the gap between h1 renewal received and you going for stamping?
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PDOCT05
09-25 12:25 PM
I would be contacting Congressman from IOWA District 3 on October 2nd.
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shimul99
10-04 04:20 PM
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
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Raj Iyer
09-13 12:49 PM
Hi:
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
more...
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raamskl
11-25 08:50 PM
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.
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.
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cooldude
07-02 08:56 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
What's your source??
What's your source??
more...
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ishreeram
03-14 09:02 AM
In such cases, contact your local Congress representative. They will help you out real quick.
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LONGGCQUE
02-04 10:03 AM
It was something like this -
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
- Did anyone assist u in prep this app ? If yes then,
- Pareparer Surname
- Preparer given name
- Organization name
- St address
- City
- State
- Zip
- Country
- Relationship to you
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lost
07-21 09:32 AM
Hi,
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
You are the primary applicant and not working? Is this ok?
bkarnik
11-07 11:57 AM
Any members in Iowa, please post here.
visapower
11-12 01:05 AM
Hi,
My employer had given me an approved labour and filed for my I140 in May for which I have received the receipt notice. I subscribed myself for email alerts in USCIS website with my I140 receipt notice number. Few days before I received an email from USCIS that a request for withdrawal of my I140 was accepted and I will have to file a new application if I want to apply again. I questioned my employer regarding the same but they said they didnt withdraw my I140 application and that it must be a screw up from USCIS side.
Question 1: Is it possible that it can be a mistake from USCIS side?
I have been approached by a different employer who is ready to file my GC.
Question 2: If my existing employer has really not withdrawn my I140 application, can there be problems for me if I change my employer and my new employer files my GC..(since there can be two I140s from two different employers) ?
Thanks in advance..
My employer had given me an approved labour and filed for my I140 in May for which I have received the receipt notice. I subscribed myself for email alerts in USCIS website with my I140 receipt notice number. Few days before I received an email from USCIS that a request for withdrawal of my I140 was accepted and I will have to file a new application if I want to apply again. I questioned my employer regarding the same but they said they didnt withdraw my I140 application and that it must be a screw up from USCIS side.
Question 1: Is it possible that it can be a mistake from USCIS side?
I have been approached by a different employer who is ready to file my GC.
Question 2: If my existing employer has really not withdrawn my I140 application, can there be problems for me if I change my employer and my new employer files my GC..(since there can be two I140s from two different employers) ?
Thanks in advance..
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