vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
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Bpositive
01-02 01:59 AM
Happy New Year!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
gsc999
04-19 11:30 AM
Atleast, Janak was bold enough to be straight forward.
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jthomas
05-17 08:36 PM
Welcome to IV, since this is your first post.
1. when is your PD?
If your PD is nov 2008, it would take a long time (many many years) to get your GC.
I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?
If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?
(your questions does not look normal)
J thomas
Hi Folks
1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
2) I got EAD and I am waiting for my GC.My 140 Is also approved .
I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
I believe I applied via NE Processing Center.
How long before I get my GC.
3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
What about the FBI name check thing - is that going to cause delays
4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .
MANY MANY MANY THANKS.
DHANYAVAAD
Please somone reply
Thanks
Sam
1. when is your PD?
If your PD is nov 2008, it would take a long time (many many years) to get your GC.
I am not able to understand anything from your post. If you have a H1b you need to work in US and not in India. You can travel with H1 visa don't need B1 visa. Your W2 has 38K that means its less than the prevailing wage. You have a problem there?
If you are in US, Please be active in this website as well as find your state chapter. You can get helped from your state chapter collegues too. By the way, from where are you residing(which state i mean)?
(your questions does not look normal)
J thomas
Hi Folks
1 ) I just read that EB2 has retrogressed to 2000.Now IF I ALREADY FOR 140 APPROVED AND IF I GOT EAD ALREADY does that Labor filing priority date apply to GC too ?
2) I got EAD and I am waiting for my GC.My 140 Is also approved .
I filed under EB2 and I got AP and EAD Card Nov 2008. Since then I am getting all paystubs ( from Aug 08) from the sponsoring employer. I left this employer in 2006 and joined him back in Jan 2008.
I believe I applied via NE Processing Center.
How long before I get my GC.
3) From Nov 2006 to Jan 08 working in India and come to US on B1 and returned back to India. Jan 08 continued with same employer.Would this cause problems with my GC.
What about the FBI name check thing - is that going to cause delays
4) BY W2 SALARY IN 2008 IS ONLY SOME 38K AS , I WORKED AUG 08 ONWARDS ONLY. BUT JAN 09 ONWARDS I AM ON PROJECT GETTING FULL SALARY.
CAN U PLEASE LET ME KNOW IF THIS TOO WILL FACTOR MY GC .
MANY MANY MANY THANKS.
DHANYAVAAD
Please somone reply
Thanks
Sam
more...
permfiling
01-18 09:08 PM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases
heywhat
08-03 06:23 PM
This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
more...
ash0210
07-18 11:21 AM
My GC is approved but still I want to continue my contribution (in steps of $20) for this good cause....However, I dont see any $20 contributions for last couple of weeks..Is it possible to start contribution of $20 for guy like me who have GC & wants to help for this cause?
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rubinop
04-15 12:39 PM
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
Dear st4rguitar, thank you very much for your answer. I appreciate it.
So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!
more...
hopefulgc
08-13 01:05 PM
Actually. .. vdlrao could be Honorable Mr. Charles Oppenheimer (Official in charge of issuing visa bulletins) :D:D:D:D
his predictions were so accurate ... black 'copters landed and took him away... :p
his predictions were so accurate ... black 'copters landed and took him away... :p
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gimmemygreen
09-14 04:46 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
There is a new memo out which will screw the life of these pimps. Rise up and name company B here. I will suggest you a way to file a complaint with DOL.
more...
eb3_nepa
04-27 06:12 PM
Not sure if this has been posted before. If not here goes. This is on immigration-law.com.
Does IV know anything about this?
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
<br><br>
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.
Does IV know anything about this?
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications<br><br>
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009. This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
<br><br>
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources. Thanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legislation.
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joydiptac
08-06 11:58 PM
Article is excellent. Thanks for sharing.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
more...
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ItIsNotFunny
12-03 05:40 PM
Bump ^^^^
Keep pledging. We need to make this happen.
Keep pledging. We need to make this happen.
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Curious_Techie
09-30 10:12 AM
I also have soft LUD on 09/26 and 09/29...But the online status still shows status pending and transferred to the office.
more...
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rock945
02-22 01:36 AM
does anyone know what dates are currently processed for H4 to F1 conversion in CSC. Even though the processing time in website say Nov 20th, i knew of people who applied after that date but received their approvals.. just like to know what the "Real" Current processing dates are ..
thanks
thanks
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Ann Ruben
07-14 08:02 AM
Hello Ruben,
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
more...
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girijas
06-13 04:17 PM
It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
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krishnam70
11-21 01:42 PM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..
cheers
kris
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..
cheers
kris
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ARUNRAMANATHAN
06-11 03:03 PM
Is there reason you say that I cannot port the PD ...? Please explain.
Arun
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Arun
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
iptel
02-14 01:17 PM
Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
maddipati1
08-04 11:56 PM
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
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