milind70
07-26 10:43 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)
1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.
The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)
1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.
The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .
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mysticblue
08-17 12:31 AM
I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
gcseeker28
07-29 09:26 AM
Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
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bmoni
07-12 03:57 PM
Good write up . Being on EB3 you know my pain. I strongly believe if we need any change that can come through only by a lawsuit.
pm me if you need any help from me.
pm me if you need any help from me.
more...
jayleno
08-08 10:08 PM
Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.
Maverick1
09-26 12:25 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
more...
priderock
05-11 10:00 AM
Couldn't agree more !!!. Stop fighting !!! Both have merits.
This (consideration) may not be widely known but it is not new. I posted a link about a week ago about the senate testimony by a leading law firm (invited witness/expert) on this subject.
From all the discussion above, it's clear bigoted minuteman types who came up with this brilliant tactic of pushing point based system to delay and deny any type of immigration reform this year are winning rhetorical victory.
Guyz.. please just SHUT UP.. No point in fighting with each other..
first..
anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!
2nd...
Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..
BUT whatever your views.. don't give any credence to this divide and rule tactic..
look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !
This (consideration) may not be widely known but it is not new. I posted a link about a week ago about the senate testimony by a leading law firm (invited witness/expert) on this subject.
From all the discussion above, it's clear bigoted minuteman types who came up with this brilliant tactic of pushing point based system to delay and deny any type of immigration reform this year are winning rhetorical victory.
Guyz.. please just SHUT UP.. No point in fighting with each other..
first..
anyone who thinks point-based system is being offered as an alternative.. This is a delay tactice.. These guyz are trying to run out the clock on Democratic leadership in 110th congress!!!
2nd...
Those you think it's a slippery slope or point based system won't work.. what is better..? all the non-english speaking, non-skilled family migrants eating up yours and mine Social security? or USA deciding who is better suited for
Current immigration priorities are upside-down.. and they are bound to be corrected sometime.. but lets not waste OUR time and energy in chasing ghosts..
BUT whatever your views.. don't give any credence to this divide and rule tactic..
look at the folks pushing this.. Lou Dobbs, Sen. Sessions, Houston talk radio hosts.. for chrissakes.. last White Power rally had more liberal membership.. !
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thomachan72
09-29 02:31 PM
While leaving India is there any place we can declare saying this gold we are taking out of india.
This way when we enter back in india , we can show evidence that the gold was purchased in india itself and no hassels from customs.
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
This way when we enter back in india , we can show evidence that the gold was purchased in india itself and no hassels from customs.
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
more...
REEF�
06-11 05:43 PM
suuurree..
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brad_sk2
09-26 12:30 PM
How long does it take to get EAD card by post after Finger printing is done?
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.
more...
gemini23
07-27 03:21 PM
thanks for all the answers.
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Raju
06-10 07:35 PM
My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.
I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)
You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension
I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)
You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension
more...
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lazycis
10-06 01:22 PM
The law says (8 USC 1154):
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
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patiently_waiting
01-08 09:47 AM
this may help also :-
Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)
Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)
Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)
Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)
Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)
Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)
Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)
Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)
more...
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mdforgc
02-21 06:35 PM
EB3 nepa, please do print out these links too and send to Sen Specters office
http://www.flight-capital.com/- David Heenans article
http://www.creativeclass.org/ Dr Richard Florid's site Book"Flight of the creative class"
[1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at http://www.frbatlanta.org/filelegacydocs/wp0302a.pdf.
[2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at http://www.opinionjournal.com/forms/
printThis.html?id=110007166.
http://www.heritage.org/Research/GovernmentReform/wm886.cfm#_ftn1- link supporting recapture of visas
http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm- MN Gov Pawlnety's comment on legal immigration
http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r Intel Chairman calling for more H1Bs and Green cards
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.
http://www.flight-capital.com/- David Heenans article
http://www.creativeclass.org/ Dr Richard Florid's site Book"Flight of the creative class"
[1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at http://www.frbatlanta.org/filelegacydocs/wp0302a.pdf.
[2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at http://www.opinionjournal.com/forms/
printThis.html?id=110007166.
http://www.heritage.org/Research/GovernmentReform/wm886.cfm#_ftn1- link supporting recapture of visas
http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm- MN Gov Pawlnety's comment on legal immigration
http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r Intel Chairman calling for more H1Bs and Green cards
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.
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milind70
07-25 11:19 PM
I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
It is not wierd, i have heard about such cases where dependent gets approval prior to primary. You may want to take an Infopass and visit the local office and inquire with them regarding your case. I think you should see your approval pretty soon.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
It is not wierd, i have heard about such cases where dependent gets approval prior to primary. You may want to take an Infopass and visit the local office and inquire with them regarding your case. I think you should see your approval pretty soon.
more...
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
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anandrajesh
05-22 09:38 AM
Official Press release..
http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf
U guys rock... U are doing a great job and keep the momentum going.
http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf
U guys rock... U are doing a great job and keep the momentum going.
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zCool
03-20 04:43 PM
IF USCIS revokes 140 for fraud, you got 2 issues
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
ghost
09-22 06:06 PM
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
even if we can file for 485, the only possible way to move is by using AC-21 provisions, correct?
Also, when using AC-21 provisions to shift the job, do we need to ensure that the job description and responsibilities are similar to the previous job?
TIA
greenlight
02-18 03:50 PM
Last Up Date
Thanks Lasantha and prinve.
Now how and where do I check LUD?
Thanks Lasantha and prinve.
Now how and where do I check LUD?
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