Ramba
11-13 05:35 PM
Hi Indyanguy,
This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?
Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?
Please provide genuine answers.
These answers will BENEFIT many people.
Thanks in advance.
Cheers,
Srini
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?
Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?
Please provide genuine answers.
These answers will BENEFIT many people.
Thanks in advance.
Cheers,
Srini
In your situation, it is better to use EAD to save remaining time in 6 year period of H1. It is wise to use EAD, if you are in initial 6 year period of H1. In case if 485 is denied, you can go back to H1 and enjoy remaining period in 6 years. H1 extension, beyond 6 years is always based on pending immigration applications like LC, 140 and 485. If 485 (final step in GC) is denied, the H1 extension is also invalid. Fortunatly, USCIS do not have highly integrated system to revoke all underlying benefits (H1 Extn or EAD) based on pending immigration application was denied. After denying 485, unless USCIS specifically revoke H1B extension they granted after 6 years or EAD, you may be eligible to legally work with that document till its expiry. However, if they bring more integration to their system, they may deny all subsidary benefits due to denial of 140/485.
wallpaper Mia Michaels of So You Think
GCard_Dream
02-05 05:00 PM
I hope you are not interested in politics because with your straight talk style, you won't make it too far in politics :D . I enjoy it however ;) .
Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.
Now, if someone feels offended by this, and feels that H4 issues are orphan issues, or if this organization does not represent them anymore since IV does not want to adopt H4 related issues on its agenda, and if that someone wants to leave, then please leave without any threats and feel free to start your own organization.
ilikekilo
04-15 03:14 PM
Thanks man for your replies. I'm gathering as much as I can. All the tickets, birth certs.
Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.
I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
Just hoping (and praying) that this can be solved smoothly.
GC is really proving to be a daaawg....
GCisaDawg.
tell me about it, let me know if you need anything...good luck 2 u..keep us posted..
Plus, to add to the complication, I've also confirmed ticket to meet them at Frankfurt on their way to US. My Euro vacation for a week would collapse and have to cancel everything.
I'm try to keep myself sane. There are much worse situations people are facing in this forum ( for example, a ninth pregnant lady getting laid off).
Just hoping (and praying) that this can be solved smoothly.
GC is really proving to be a daaawg....
GCisaDawg.
tell me about it, let me know if you need anything...good luck 2 u..keep us posted..
2011 mary-murphy-mia-michaels-so-
unitednations
03-31 11:12 AM
Hello,
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.
training issue is when they send straght denial after 140 is revoked.
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.
training issue is when they send straght denial after 140 is revoked.
more...
saikatmandal
01-31 02:31 PM
Please use the "Most Popular" tab to locate and vote for the question.
http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm#
http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm#
perm2gc
05-24 02:15 PM
Dude, you have no Idea, I calculated this morning and I have spent.......
$56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Employers pay this.
I am same boat but with wait times ..how much more we have spent from our pockets.no employer will pay that much:mad:
$56,500 on Green card (20% of my salary for last 3 years) + lawyers and other $hit.. Let Employers pay this.
I am same boat but with wait times ..how much more we have spent from our pockets.no employer will pay that much:mad:
more...
JazzByTheBay
12-12 10:16 PM
Excuse my cynicism, but that hasn't quite worked out with the crowd in question (so far... ), has it? :)
Context: the highlighted part in your quote...
jazz
We already have chapters as the first and foremost source of valuable information. Once someone becomes involved and committed, they will signup for monthly contributions themselves. If we have enough of that to guarantee a decent source of recurring income like 20 40 k or whatevr, I dont see the need to deprive some depressed soul surfing the net looking for some reassuring information from having to goto bed in peace.
Context: the highlighted part in your quote...
jazz
We already have chapters as the first and foremost source of valuable information. Once someone becomes involved and committed, they will signup for monthly contributions themselves. If we have enough of that to guarantee a decent source of recurring income like 20 40 k or whatevr, I dont see the need to deprive some depressed soul surfing the net looking for some reassuring information from having to goto bed in peace.
2010 Mia Michaels So You Think You
PresidentO
05-14 09:03 PM
Should I say that all of you those who bought homes and are having a life bought a home with 0% down and interest only loan so that you can save your taxes now and if your GC does not come through in 5 years, you will walk out with out any loss as you made hefty deductions and haven't paid single penny towards the mortgage and simply go to Timbuktu or Krakovia. I will not!.
Thanks for calling me a hypocrite with out reading the whole answer. I was just giving a hypothetical example on how one can talk about others life and practices in life sitting before a computer. Thanks for your clarification on whom you considered XYZ because lack of GC has stopped them from buying a home. I will respectfully disagree with your opinion that GC is not a non stopper for every one and there is a significant contingent out there who dont want to buy a home without a GC and consider it risk. Opinions differ and yours is taken. Again, You in the above hypothetical example does not refer to any one in person.
Thanks for calling me a hypocrite with out reading the whole answer. I was just giving a hypothetical example on how one can talk about others life and practices in life sitting before a computer. Thanks for your clarification on whom you considered XYZ because lack of GC has stopped them from buying a home. I will respectfully disagree with your opinion that GC is not a non stopper for every one and there is a significant contingent out there who dont want to buy a home without a GC and consider it risk. Opinions differ and yours is taken. Again, You in the above hypothetical example does not refer to any one in person.
more...
amitjoey
11-16 11:25 AM
We all can certainly do one thing, we can write emails, letters to editors and media talking about our personal situations, highlighting EB visa backlog and how that is hurting legal-tax paying aliens like us. We can raise awareness in the media and we can bring new members.
When something is asked of us, we should do that. Pappu asked everyone to write to the editors thanking them for the story about immigrant entreprenuers. Just yesterday, we had some people come forward and write to all these editors.
Myself and some other members even posted names and emails of all the editors that we should thank in the "news article thread". If all of us can go there and write emails and flood them with thank-you notes, we will get noticed. Remember the print media business is based on how many readers they have, we have to make them feel that this issue is very important and is getting them more readers and membership.
When something is asked of us, we should do that. Pappu asked everyone to write to the editors thanking them for the story about immigrant entreprenuers. Just yesterday, we had some people come forward and write to all these editors.
Myself and some other members even posted names and emails of all the editors that we should thank in the "news article thread". If all of us can go there and write emails and flood them with thank-you notes, we will get noticed. Remember the print media business is based on how many readers they have, we have to make them feel that this issue is very important and is getting them more readers and membership.
hair Tyce Diorio And Mia Michaels
smisachu
12-20 11:52 PM
Bump
Hi Guys. I am trying to take an appointment in Jan. The earliest I can get is 11th in Kollkata. I have booking to travel to US on 26th. After listening to the delays here, I am confused where to go for stamping or return with AP.:confused::confused:
Please advise; guys who have been through stamping recently. Appreciate your feedback.
Hi Guys. I am trying to take an appointment in Jan. The earliest I can get is 11th in Kollkata. I have booking to travel to US on 26th. After listening to the delays here, I am confused where to go for stamping or return with AP.:confused::confused:
Please advise; guys who have been through stamping recently. Appreciate your feedback.
more...
jaihind
09-14 04:21 PM
I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....
hot Mia Michaels has left “So You
deba
06-13 07:25 PM
Friends, I understand the concept of marrying before and after 485.
My question: Lets say I go ahead and apply for 485. However, my H1 has expired, so I will be traveling on AP. So when I travel outside the US, I am technically not on H1, when I come back...am I right? So, if my spouse wants to apply for H4 visa will she be granted one? Since I had traveled on AP? I am sorry if I confused this with EAD. Bottom line, my H1 stamp has expired and I do not intend to go for another stamping while outside.
My question: Lets say I go ahead and apply for 485. However, my H1 has expired, so I will be traveling on AP. So when I travel outside the US, I am technically not on H1, when I come back...am I right? So, if my spouse wants to apply for H4 visa will she be granted one? Since I had traveled on AP? I am sorry if I confused this with EAD. Bottom line, my H1 stamp has expired and I do not intend to go for another stamping while outside.
more...
house by Mia Michaels.
B3NKobe
06-12 08:10 AM
Nice One Mate!! Looks very grungy indeed! Good style and welcome to the forums :D:D
tattoo Mia Michaels#39; cropped
deardar
12-11 10:37 AM
Dont loose heart, usually in December things seem slow. Even I had delay experience few years ago
more...
pictures Mia Michaels So You Think You
Sunx_2004
04-18 04:46 PM
that is the only way out for EB3s
Way to go JimyTomy.
For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.
Way to go JimyTomy.
For all well qualified EB-3 folks it is a good and legal way of getting out of this EB-3 India mess.
dresses Mia Michaels
anilsal
03-13 12:57 AM
enjoying life after the GC what else??!!!
answer with complete honesty, if YOU got your green card today, would YOU ever be involved in IV again? except maybe when you want some answers during your naturalization stage?
:)
naive....naive.....
IV is a movement. Once you are on it, irrespective of whether you are personally successful, you will be associated with IV. I do not have my GC yet. But surely when I have it, I will continue my association with IV. :)
answer with complete honesty, if YOU got your green card today, would YOU ever be involved in IV again? except maybe when you want some answers during your naturalization stage?
:)
naive....naive.....
IV is a movement. Once you are on it, irrespective of whether you are personally successful, you will be associated with IV. I do not have my GC yet. But surely when I have it, I will continue my association with IV. :)
more...
makeup Mia Michaels opens up about
gsc999
07-14 09:50 AM
Apologies for the afterthought, this may not be necessary but carry your H1-B with you to the event venue.
girlfriend Mia Michaels in quot;So You Think
petepatel
09-17 11:24 AM
Cannot hear, he is saying something:mad:
hairstyles Mia Michaels gets claws out on
unitednations
03-31 12:16 PM
shailesh;
it is texas case/
it is texas case/
visa_reval
04-08 02:35 PM
Received soft luds for wife and son on the 3rd, 4th and 6th of this month. No lud for my app. wonder what's going on.
ss_col
01-31 10:07 AM
Voted and forwarded to friends to vote. You cannot vote twice as someone had earlier suggested.
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