Turtle Tattoo Designs

help filing EAD AND AP after rejection

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My EAD and AP application got rejected because of missing signature on the form.Now i am planning to file on my own with out the help of attorney as he is charging me too much for refile.

So needed help in drafting the letter addressing the situation.Above all i didn't receive my application back and USCIS personnel told me that i can refile as a fresh application if i don't receive in 30days.And i am already completed the 30days.I do have the rejected application LIN number and my 485 receipt.

Please advice me what to do i want to avoid attorney.


Hi
How did you come to know that your EAD and AP were rejected? When you dont have the receipt #? In my situation my stupid attorney didnt include the I-140 receipt number dont know if they will accept the rest of the application, my I-140 has been approved.

Inorder to take the priority date with you, the I140 petition (after the labour approval) needs to be approved.

I think there is no way you can take your priority date with you just with labour approval.

As my attorney informed us of the dates being current - they are asking for this:

Please advise on the status of removing the residency requirement
since you can't proceed with until this is done.

what does this mean?

may be your attorney got confused you with another J1 client.

:fab:

Hi Guys,

I used to work for company �a� which was a part of the bigger company �A�. There was another company �b� which was a part of the bigger company �B�.

Now both companies A and B made a joint venture (JV) and made company �c� joining company �a� and �b�.

Company A has 25% stake and company B has 75% stake in JV(Company "c"). The new formed company "c" has �new name�, all employees filed �new employment applications� and have �offered a new employment� with the new company �c�

Now my question is as this company �c� is totally �new�, can I convert my EB3 case to EB2 and use company �a� experience and file for EB2 with company �c�

Thanks,


Yes. As long as company C has a requirement for EB2 position.

I have applied concurrently for green card under EB2 in August 2007.Received I140 approval and I485 is in process. Have applied for H1b extension and is pending. I am working for a consulting firm at present. I got job offer for a permanent position with the client that has same job duties and title. But the salary is about $20, 000 lower than what my consulting firm is paying now. My labor was applied with a higher salary. Can this lower salary and the difference create problems with the green card processing? Did anyone have any of this experience? Please help!!!

Yes, lower salary by that much will be a basis of denial of your I-485. Your new position must have at least the salary mentioned in the LC.

i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.

You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.

once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?

No, but you cannot use that I-140 to get another H-1B extension.

pls. note that I-485 is not filed, so i cannot invoke AC-21.

You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.

Guys,

I am on H1B, got my EAD and registered a LLC.
Do I need to send I-9 when I switch working for my own registered LLC?

Thanks in advance!
-Jai

Current Contribution: $100

It depends on how many cases that will be pending approval on October after the surge of applications this July and August.

I think it wouldn't be current for some countries specifically India and China.

Thanks for the reply
So, you mean they will use next year quota also for people filing in July and Aug

If she is currently on F-1 and if she wants to maintain F-1 when she comes back she will need to go to the embassy and get her F-1 visa. If she enters U.S on old unexpired H4-Visa her F-1 visa becomes invalidated and she won't qualify for OPT/CPT etc.

Bump ^

I have the exact same situation with little extra.

I want my wife to be EAD. Can she come back without going for her H1 stamping. Or she need to go for that ?

Second my daughter is on H4/AP - no EAD. Can she just come back on AP ? without going for H4 stamping again ?

Please respond guys..

I will be happy to share the reason, if it was known to me.
But my company & their attorney are not sharing any details..
Left with no choice.. but to wait with hope..

Your current employer can revoke your 140 which will send your 485 straight to the trash can.

Thanks guys,
I really appreciate it. I spent a lot of time on this guy, it's neat when people notice.

Well Gary, since you were looking for some gentle critic, how and why did you do such a great job...just do us a favor and let us know when the image becomes published. Really, nice work!

Thank you so much for your reply.

My followup question is since my prevoius H1B expired few weeks back, am I still eligible to apply 8th year H1B extension thru company B based on previously approved 140 (with company A)?

Thanks in advance for your inputs.

Regards

i would suggest just provide whatever they asked

Consult ur lawyer

I dont see any rule set for AP renewals..But on a safer side 120 days in advance and based on your travel needs..

My wife has H4 stamped and valid till Nov 2008 but from Oct 2007 she changed her status to H1B. She has I797. My question is when she goes to India does she need to stamp H1 B or she can reenter on already stamped H4 ?
Please Let me know this information.

If she comes back on H4 she can not start working until another h4-h1 (cos) complete. It is really your personal choice and how confident you are about your wife's successful h1b stamping at home consulate.

I think its too early to get any fedex back, maybe from next week!

I am on F1 status in US, My parents are green holder..... I am also planinig to do PhD..... can i apply for green card now....?..... If yes..... on what purpose and with what requierments...?

You can not file GC based on your F1 or your parent's GC. Either you should go for family based or employment based.

Family based - your parents should have Citizenship (may you need to be under 21)
Emp based - You need to have job.
or marry US Citizen.