meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
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for_gc
04-27 04:55 PM
First of all, no need to be so concerned. Also this is not unique situation.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
Just apply for I140 for the EB3 (the labor you just got approved).
Once you get the EB3 I140 approved, you have 2 ways to port the PD:
1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).
2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.
The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.
YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.
My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.
My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.
haifromsk@yahoo.com
02-08 11:51 PM
GUYS please stop advicing her. Let her consult an attorney. Please do not lead
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
her in any direction. She need to contact an immigration and possibly civil and criminal attorney. An immigration attorney might lead her in the right direction. Super moderator already suggested that so please listen to what he said. Estrela please don't waste your time looking for answers in this thread. Answers given by common people can be incorrect and misleading. Immigration attorney is the way to go.
Good luck and god bless you
As gsc999 said peoples here mostly know about "Employment Based GC" not much about "Family Based GC" .... Still few questions if we can guide you to the right place...
a) What is your current Immigration Status ?
b) Do you have SSN ?
c) Forget about he goes to Jail/not is it impossible to get your "Marriage Certified" or at least put the Application before March 31st ? You have almost 51 days ...Based on that a lawyer can guide you but if you dont have a Marriage Certficate no one can really help... You know !
d) Lets the Justice system decide he goes to Jail or not but if unfortunately he is convicted and goes to Jail for 18 months do you want to live/continue your marriage with him after he comes out ?
e) Based on Marriage with US Citizen they give you "conditional GC" - and they would verify after 2-3 years if your marriage is a "Bonafide Marriage" etc... and then only give you a "unconditional GC"
That's why you will see those fake "immigration marriage" start giving problem after 2-3 years and end up in mutual Divorce. Be cautious about converting you GC to a regular "unconditional GC" .
Good Luck !
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FinalGC
05-01 10:02 AM
You may be able to reopen the old case, provided the old emploer has not sent a letter to USCIS stating the intent to not persue......if not talk to old employer and lawyer....they may ask you to pay some money for it.....eventually, you may need to work for them for at least 6 months, after getting GC, which will get you legally correct in front of USCIS.
The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.
I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.
All the best.
The best thing you can do now is file a new GC with new employer and recapture the 2001 PD. This is possible since your 140 was approved the first time. Make sure the first LC application is similar to the new one. This is only possible, if you keep your calm, negotiate with the old lawyer and get all the LC and 140 approval papers or whatever is needed so that you can PORT the PD and use them for the new case.
I know I am asking you to jump ahead of my case which has a PD of 2005, but hey we are here to help....hope you are able to get this sorted. Just keep calm, remember there is no problem in this world that cannot be solved....your anger will only make you do things that you might regret later.
All the best.
more...
kish006
12-25 08:56 AM
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
LostInGCProcess
09-18 04:25 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
more...
n2b
07-17 01:03 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
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immieb2
04-03 03:06 PM
I am not sure how long it is going to take for the appeal but b1 may not be the right choice "not supposed to work on B1".
more...
skagitswimmer
June 6th, 2005, 10:03 PM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
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pmat
01-31 03:06 PM
how can one get copy of i140? does it not belong to the company?
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.
more...
paskal
12-19 03:12 PM
Dear MN members,
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
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sledge_hammer
04-22 08:44 PM
Admins - Please ban 'Brittanicus'
more...
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sammyb
11-16 04:21 PM
Oh, I nearly forgot, AND pigs must fly!
yes thats true .... but I guess only pig is not enough ... we need the whole animal kingdon fly before ....:D
yes thats true .... but I guess only pig is not enough ... we need the whole animal kingdon fly before ....:D
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chanduv23
11-14 09:23 PM
State chapters help organize and train members for lawmaker meets and it is very essential that we as a community stand up and speak for ourselves.
It is very essential that we meet our lawmakers.
Join the State Chapters now and meet your lawmakers
It is very essential that we meet our lawmakers.
Join the State Chapters now and meet your lawmakers
more...
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arjunpa
10-07 12:28 PM
Thank You all for the valuable inputs.
I have an update.
I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,
H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
I have an update.
I received my H-1B approval for one year but my I-797 arrived without and I-94 and an attached letter quoting reasons for denial of my extension of stay. The following reason was quoted,
H-1B status of the beneficiaty with previous petitioner is valid until March of 2010, but our records indicate that the petiotioner revoked H-1B on May 5 2009. This was followed by a new petition that was initiated by the current petitioner on June 26 2009, since there is a 71 day period between the last pay stub with prev. petitioner and the current application, the beneficiary has been denied an extension of stay.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
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GCBy3000
07-25 12:36 PM
This is under ideal conditions. How many 485 has complications and how many are not arranged properly. They have to consider everything. Just to get the papers right for review might take several hours. In between, they may be called for meeting, smoke break, tea break. So give them some slack. Two applications per day is good enough work for an employee considering each app has one or two dependends.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
Last but not least, the ex-director or USCIS is an anti-immigrant and was member of an active anti-immigrant group. Now you go and figure how USCIS will work. Even if numbersusa is good enough to take 10% of USCIS into their org, we are screwd and they are doing it already.
more...
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Rockey
06-22 10:17 AM
Sent the request for correction with my supporting documents.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
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ravi
09-13 10:55 PM
I am eligible for emeregency appointment as I am coming to India to
attend visa interview as I got new i-20 for MBA program starting january
2007. Please I request you to provide me information on how to shcedule
intervie before dec10, 2006, so that accordingly I will buy the
flight tickets.
My international advisor in school will also provide me recommendation
if needed for emergency appointment, showing my need.
attend visa interview as I got new i-20 for MBA program starting january
2007. Please I request you to provide me information on how to shcedule
intervie before dec10, 2006, so that accordingly I will buy the
flight tickets.
My international advisor in school will also provide me recommendation
if needed for emergency appointment, showing my need.
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gxr
10-03 06:58 PM
So, is that when you got the background check ?
Here is why I am asking the question:
My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.
Here is why I am asking the question:
My RD was 10/06, LUD was 10/26 and I am now afraid that mine may be another background check case.
ashkam
08-07 10:44 AM
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
The tax returns, W2s, paystubs etc should be yours, not hers, since she is filing as a dependent. I'm not sure if you need to attach your I-20. I'm not sure if you need to file an I-134 but my attorney recommended me to file an I-864 although I-485 instructions are not clear on whether its inclusion is necessary or not. But I would say why not file it just to be safe.
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
The tax returns, W2s, paystubs etc should be yours, not hers, since she is filing as a dependent. I'm not sure if you need to attach your I-20. I'm not sure if you need to file an I-134 but my attorney recommended me to file an I-864 although I-485 instructions are not clear on whether its inclusion is necessary or not. But I would say why not file it just to be safe.
fatboysam
02-01 08:50 AM
Congrats
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