waiting4gc42long
08-11 01:14 AM
retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..
I would say file it together.. thats the best..
He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.
I would say file it together.. thats the best..
He will get around 10 days to apply for his spouse after the dates are current and before the approval of his petition. Better file now and add spouse to the application later. This is what I would suggest.
HV000
10-13 11:07 AM
Here's the extract from the Transcript of Oral Testimony by Bill Gates to the senate
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
Its so FRUSTRATING to see that people in Congress are sooo IGNORANT!!
Unfortunately, we are caught between the partisan politics of DEMOCRATS and REPUBLICANS..
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx
SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?
BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."
Its so FRUSTRATING to see that people in Congress are sooo IGNORANT!!
Unfortunately, we are caught between the partisan politics of DEMOCRATS and REPUBLICANS..
Alabaman
07-11 04:54 PM
What part of "illegal" does Rep. Hostettler not understand? According to Congressional Quarterly, in April 2004, Rep. John
Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.
---> Culled from IMMIGRATION DAILY WWW.ILW.COM
Hostettler (the chairman of the House Immigration Subcommittee) was detained for carrying a loaded firearm inside an airport. He called the incident a "stupid mistake," explaining that he had carried the gun while traveling through his district during a congressional recess and forgot it was in his bag. Hostettler pleaded guilty to carrying a concealed deadly weapon and received a 60-day suspended sentence. Rep. Hostettler's own actions appear to contradict his hardline no-holds-barred enforcement approach towards immigration. Although he excuses his breaking of the law as a mistake, his actions indicate that some laws are OK to break and others are not. Perhaps Rep. Hostettler should reflect on whether undocumented aliens or our nation's broken immigration system is at fault.
---> Culled from IMMIGRATION DAILY WWW.ILW.COM
sanju_dba
07-22 05:33 PM
As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
more...
wandmaker
10-23 10:15 AM
Thanks guys,
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
letstalklc
10-13 05:31 PM
What is the URL for checking the PERM case status?
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
more...
ras
06-22 04:23 PM
Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
eb2waiter
09-18 05:00 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Please let me know...
more...
mariner5555
05-28 06:56 AM
so can anyone confirm this 'no FP if filed via paper' thing?
As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.
thanks.
atleast thats what happened for me. i.e. mine was efiled and I got FP notice. for my wife - paper - no FP. we recd her card ..1 year validity. nothing for me so far ..I am hoping that the delay is because they want to give validity of 2 years :-D
As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.
thanks.
atleast thats what happened for me. i.e. mine was efiled and I got FP notice. for my wife - paper - no FP. we recd her card ..1 year validity. nothing for me so far ..I am hoping that the delay is because they want to give validity of 2 years :-D
theconfused
12-15 09:57 PM
Dear Nousername,
Thanks for your reply.
My time period without pay stup was 4 months and 14 days = 134 days.
How much was the gap (without pay stub) for you?
Thanks
Thanks for your reply.
My time period without pay stup was 4 months and 14 days = 134 days.
How much was the gap (without pay stub) for you?
Thanks
more...
diqingshen
06-30 09:17 AM
this injustice being done to legal immigrants community.
dxldad
05-18 12:29 PM
While waiting for my GC i have completed my Management program from Northwestern University and now i got myself ported to EB2. Knowing i cant got anywhere helped me focus on my Masters and get it completed. Now i am waiting to get the GC before i look for a new job. I think porting from EB3 to EB2 is going to help people in the EB3 queue who are not supported by their companies to covert to EB2.
The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.
The only scenario where porting from EB3 to EB2 would help someone else in the EB3 queue is when the person who ported does not use the regular allotment of the EB3 and hence another EB3 person gets it. But then, a lot of EB3 folks get in front of other EB3s by moving to EB2 and this reduces the chance of the extra visa numbers reaching EB3. I would say porting is not good for the EB3 people staying in EB3 except a few situations.
more...
ds37
02-04 03:31 PM
Hi
I think THey can not use spillover untill last quarter, as all the math is done for the whole yearand than applied monthly on a pro-rata basis. I n theory if they spill over each quarter and a huge (unrealistic but theoritically possible) demand devlopes in the last quarter they will be doomed so wait for the last quarter and see the magic(if any).
Thanks
DS
I think THey can not use spillover untill last quarter, as all the math is done for the whole yearand than applied monthly on a pro-rata basis. I n theory if they spill over each quarter and a huge (unrealistic but theoritically possible) demand devlopes in the last quarter they will be doomed so wait for the last quarter and see the magic(if any).
Thanks
DS
piyu7444
04-18 07:22 PM
I am currently on h1b with Company X (h1b expires in April 2011)
(I-140 approved, filed 485 on july 2 so am past 180 days)
If I take a job on EAD with Company Y without h1b tranfer to comapny Y.
Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?
Also do I need to leave USA?:confused::confused::confused:
(I-140 approved, filed 485 on july 2 so am past 180 days)
If I take a job on EAD with Company Y without h1b tranfer to comapny Y.
Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?
Also do I need to leave USA?:confused::confused::confused:
more...
sircaustic
07-17 12:09 AM
Thank you Ganguteli and Elaine for your responses.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
more...
quizzer
11-09 02:37 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Can you tell me ur dates:
I140 RD
RFE received date?
EB2 or EB3?
Service center?
Thanks
Alabaman
07-11 05:03 PM
I am not making fun of anybody... I didnt write that. I dont even know the rep in question. Thats from ilw.com. Immigrations lawyers or something like that. This is more like a press article I am bringing to your attention.
logiclife
06-20 02:26 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.
However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.
Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.
PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.
There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.
same_old_guy
06-20 08:28 PM
I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.
rgrant
06-02 01:37 PM
don't send copy of passport or DL. it clearly says not to, and my experience was it is unnecessary, as you will get a biometrics appointment (where they check your id).
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