hopefulgc
03-08 12:57 PM
AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
Move fast, start a PERM and see if u can lock in a date.
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Move fast, start a PERM and see if u can lock in a date.
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
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ram04
02-03 06:14 PM
Infopass confirmed approved and I got it by mail after 30 days.
After on line status change it is 14 days.
After on line status change it is 14 days.
flresident
04-08 01:55 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
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franklin
06-01 07:21 PM
Just in case not all new members are Indian, I suggest this poll which covers ALL nationalities
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howzatt
08-15 11:34 AM
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).
Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
I do not know about the guidelines but these FAQs were released a few days ago(definitely after July 2nd).
Your question about how do they physically transfer applications is just very stupid. Just think about it. Your lawyer made a mistake and you want to blame USPS or USCIS for it? Nobody can tell you for sure their method of transferring applications. I dont think you have any other option but to wait.
capriol
07-06 11:54 AM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
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EkAurAaya
03-20 10:14 AM
I sold the house on H1 and there was nothing addition for H1 holder. It is just that if you have that property for less than 2 years then you pay tax.
Just thinking if the new law for GC approved like buy a house and get
GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
I am on EAD now. PD -Nov 2003
Can you please share what state? Thanks
Just thinking if the new law for GC approved like buy a house and get
GC then what will happen for those like us who have house since 2004 and sold one and bought another in that time period.
I am on EAD now. PD -Nov 2003
Can you please share what state? Thanks
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dammu
04-14 08:44 PM
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
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dealsnet
08-04 01:51 PM
She have the H-4 because of her husband. If he want to cancel, he can inform USCIS about the separation. The USCIS can cancel her H-4 and she will be out of status. Just like employer can cancel the H1B. If he didn't cancel, she can stay untill the validity of her I-94.
USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
That is why they again send RFE for some people.
Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)
If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
USCIS will approve the GC, when they satisfy the spouse is living with the petitioner and every thing in order and without any problem (joint tax, bank accounts etc....).
That is why they again send RFE for some people.
Even family based GC after marriage there will be an interview after years to get the permanent GC. In that interview, judge will ask and find out what level of intimacy these couples have. He want to satisfy these people are real husband and wife. (this interview is not for employment based candidates)
If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
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sriteam
07-07 02:04 PM
Rated 5 starts.
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i-serf
04-20 04:46 PM
I am on H1/valid I-94/ expired visa/ I-140 in progress.
My NJ license is set to expire in about two months.
Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?
My NJ license is set to expire in about two months.
Given the recent situation with MD state bill HB387 is anybody in the saimilar boat, and what avenues do we have?
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uppu1977
05-21 08:18 AM
If you are driving close to the US border, they will check your documents.
I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.
My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.
I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.
My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.
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vnsriv
03-31 04:32 PM
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
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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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msp1976
03-31 08:55 AM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
I believe that you do not have to refile just because you lost the hard copy...
This is not a lottery ticket that if you lose, you are left with nothing..
There must a procedure to get the same certificate reissued from DOL..
Please do the research and let is know...
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langagadu
03-29 03:53 PM
nope
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bhasky25
10-11 01:06 PM
Thank you for responding,
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
I had changed jobs under AC21 provisions ( changed almost after 500 days of filing 485) and preferred to maintain my H1B as I did not want to get into the complications of renewing EAD and AP and also my wife goes to school here and it was safer for her to be on H1b rather than EAD or F1. I am just not comfortable with renewal process of EAD and AP. I have my H1B visa stamped... so now, I can travel at my will instead of worrying about what will happen at port of entry as I have a stable job and H1B stamped.
I want to know if I will still be eligible for H1B renewal(based on approved 140) even after my 140 being revoked. I do have a copy of my 140 approval.
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senthil
05-18 01:41 PM
one way to see IV's friendly faces ....
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ssdtm
12-12 04:06 PM
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
pd052009
04-18 08:36 AM
Considering,
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
^^^^^
- EB3-EB2 upgrade
- Slow VB date movement
- No FB spillover
- Growing economy (which will further reduce the spillover/across numbers further in coming years)
Have you ever wondered what are the options you have?
We know, we are stuck with H1. Some of our problems are
- Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
- Many RFEs and question with H1 Extn.
- Getting visa stamp at consulates is a (mental) pain.
- Consider the time spent from vacation for getting visastamps.
- Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
- Pain of planning for a short visit(week) for emergency issues/family functions.
- Hard time in finding a H1 sponsor for H4 dependants
We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?
If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Lets gather in that thread for our relief.
^^^^^
bluez25
08-26 02:57 PM
Category EB2
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
chennai appointment August 11th
POE August 20th
Completed and waiting for the GC card to be mailed.
LC PD: FEB-2006
LC AD: Mar-2006
I-140 FD: 23-May-2006
I-140 RD/ND: 25-May-2006
I-140 LUD: 29-July-2006
I-140 RFE : 15 November 2006
I-140 Responded: 14 December 2006
I-140 AD: 11 Jan 2007
DS 230 Received in April 2007
DS 230 Submitted to NVC in May 2007
NVC forwarded the case to Chennai on June 5th 2007
chennai appointment August 11th
POE August 20th
Completed and waiting for the GC card to be mailed.
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