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I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.

Thanks,

You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

My take is you will receive your card by the end of August at the very least. So don't worry.

Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.

Friends, anyone going to Canada in September?

I was in Canada in 2001, had the approved I-797 but the consulate in Calgary refused to give me the visa stamp and asked i go back to home country to get it (Egypt)
Even though I had no US education and people who do might have a better chance, but it is still only a chance, totally dependant on the mood of the consulate officer who has every right to refuse issuing visas to third country nationals.. i don't know why anybody would risk it if they don't have to.

Yes, copies should be fine..IMHO only, you can check with a lawyer though.

Gemini,

Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.

I am in a similar situation, i am on my 5th year H1B ROW and my laywer sent in the I485 before the retrogression started but i still have to wait for the PD to be current.
I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.

Advise?

I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it
It means you have become an "undocumented or illegal", and you have to learn English and you are qualified for a Z visa :rolleyes: :D
Forget about your I-140; just focus on I-485. I-140 seems to be a foregone conclusion.
Enjoy your weekend man...............

in for a contribution!

Sorry to hear about your "unique" situation. I guess you should hire a attorney and talk in person, since attorneys here for not helping.
Please update this thread if you get an answer from other sources. Its really a headache dealing with USCIS's ways of things.
I wish you get out of this mess soon.
take care.
thanks.

My wife had her fingerprinting done about a year ago. Same happened for the medical exam. I had my I-140 approved and we're now on the I-485 stage. Yesterday my wife received a letter scheduling an appointment to do a biometric at our local uscis office... what is this biometrics about since the med exam and fingerprints are done? Would this be for the final interview or are there an specific letter for this? :confused:

bump up

This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.

I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.

vote

See my answers in red

I did not wan to create a separate thread since I have similar questions:

My situation:

US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS


Facts:

My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.

Questions:

1. is changing address within the same city affect GC procress? Its not a big deal, people do it all the time. Its a two step process, much easier if you have a lawyer file your applications since they will usually get copies of all correspondences with USCIS and they will take care of this for you. If you are self filing, you will need to take care of both steps yourself. See this: https://egov.uscis.gov/crisgwi/go?action=coa

2. What r the pros and cons of filing GC that early into employment?The earlier the better. The CVS guy told me usually people prefer to wait longer before filing for GC. why? Corporations and businesses do not make it a habit to file GC/PERM apps for their employees if they are only temp or on probationary periods. Normally when they hire someone, they are on probation with the company for a year or so. If they like your work they will keep you and file your application for permanent residency. So normally businesses dont file your GC app until after 6 or 12 months. With CVS, consult your supervisor what the standard filing procedure is. Do not overstep the company policies and file yourself. You need them to file it for you when they are ready and willing.

3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. Does not matter what status your husbands is in as long as it is valid. You can research the pros and cons of H4 vs F1 yourself, that alone is another thread's worth of discussion. You specifiy your husband as a dependant of your GC application usually at the last step before your I485 approval, when your PD becomes current.

4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance. I was in the same boat as you, coming from F-1 to H-1. You are doing the right thing by expanding your knowledge base and asking people. Work hard at what you do and follow up once your application is filed. With the economy the hardest part is finding a job that will sponsor H-1 but youve already gone beyond that point.

3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

you can get back to H1 status, it might involve:
- filing a H1 petition (you wont be counted agianst hte quota)
- leaving US and coming back in, to "Activate" the h1.

You were right in saying that DS 156 & DS 157 is no longer required. Here is the link
General Information- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/general_information.html)

BTW what is this PIMS thing? Do I have to do anything regarding PIMS before taking the apoointment for VISA interview or before/during the actual interview?

Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.

Thanks all for your information. It is really helpful.

AC 21 allows you to change jobs 21 times. :)

come on, once you complete 180 days you are a free bird on EAD. Enjoy it. The only limitation is that you need to work on same or similar job and similar salary. everything else is sugar.

When you say same or similar profile, what does that mean? The same or similar according to what was mentioned on PERM?

I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:

------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):

x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.

The following document may be provided.

Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.

---------------------------------

Here below is my I-140 detail:

Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC

-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.

It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:

1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.

I really appericiate your response and help. Thanks a lot.

Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?

Hi there read ur post so u got an interview even when ur priority date is no where current . M i understanding u rite.