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fromnaija

02-02 09:40 PM

So as not to burst anyone's bubble, try it and see.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.

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redcard

08-23 11:29 AM

I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:

1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?

2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.

3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?

Thanks in advance.

I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..

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ksairi

08-17 08:47 AM

Please

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chnaveen

07-07 05:11 PM

friends,

We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

Thanks for your help.
balan
I485 Filed on July 2, 2007.

Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
The Primary's GC application will not be affected with the Divorce.

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anishNewbie

09-10 06:07 PM

MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.

Wow.. this is worrying factor...:( :confused: :(

I hope there would be some1 here in this forum who would have passed the Labor, I-40 or GC test with just MS+0 experience with EB2 category...

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needhelp!

10-09 05:56 PM

for your help in the past and look forward to continue working with you.

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savitri.bhave

07-06 10:30 AM

Jayant,

Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

Once again thanks for the advice. Let me rephrase my question:

(a) At this point can I file for PERM processing (five months left on H1)?

(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

At this point, I am loooking for extension of one year. Is there any way I can do this?

Thanks a lot again,
Savitri Bhave

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she81

11-09 07:40 PM

Listen to this. A week after our company filed our 485 (after my conventional labor got approved first week of August) and quite a few of my colleagues were in the same boat, they mysteriously changed our lawyers - apparently none of us had even receipts by then. The old lawyers were not ready to talk to us as they transferred our files to the new firm, and none of us had an idea what to do. On top of that, our HR rep did not provide us with any contact info of the new Law Firm and insisted every communication go through her (and when she forwards their replies to us after taking her own sweet time, very meticulously she removes all contact info from the emails).

They're never short of ways to annoy us immigrants.

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krishna.ahd

02-23 04:46 PM

Can H4 dependent join college without changing his/her visa status to students visa.

Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney

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gcisadawg

04-07 06:52 PM

Folks,

Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!

Regards,
gcisadawg

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bbenhill

01-14 05:59 PM

Hi ca_immigrant, agree with ur point. I gave you green :-)

Thx
bbenhill

Congrats !

and thank you to desi485 for posting the link

Good one and particulary moving was the last point ... -:)

14. And yes, move the family first commitment at the top of your must-do list, now that you have less worry about re-entry, and make that long-delayed trip home to see your old folks one more time. (I am visiting my 83-yr old Dad, who still has more hair than I do, and less gray too, in June.)

I first laughed when I read about the hair..(I too have less and a lot grey at 35 ...LOL and actually had grey hair since 20....donnno y....

but then after a few minutes for some reason I almost had tears rolling down my eyes (reminded me about parents.....) ....well call my an emtional fool....

neways...I always pray to God that whaterver happens please always help me remeber my parents !! and never forget all the great things they have done for us !!!
(They are in India with my elder borther)

oops...sorry for writing something out of context....

but again Congrats !!

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maximus777

09-10 03:05 PM

Which EB category are you shooting for?

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hpandey

03-22 02:50 PM

Did your new H1 come with an I-94 attached at the bottom or not ? If not then it means that you have to go out of US and get the H1 visa stamped. Also it means that you are still out of status since you do not have a valid I-94.

Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.

You can hope to be lucky but what your lawyer says is correct.

Best of luck.

I am not a lawyer so your lawyer's advise would be best.

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aug2007

02-24 07:53 AM

Thank you theshiningsun and chanduv23.

Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

I want to clarify little more.

1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

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geevikram

11-25 01:09 PM

It is still worth fighting for..I will make it to DC.

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rameshvaid

05-27 10:22 AM

I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

Thanks Bfaldia for sharing the info..

RV

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texanmom

08-31 11:45 AM

Be an active participant and help us help you.

This is what I can infer from the poll

93% of them lack talent
7% are talented

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otovarm@hotmail.com

03-03 02:39 PM

well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


Any thoughts??

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chanduv23

03-25 02:24 PM

I went to Chennai and Hyderabad thru Dubai in last 2 years. I felt it was really nice. No transit visa stuff. Good veggie food, lot of entertainment and good service. A bit costly compared to other airlines. On overall good experience and no regrets for higher price

My experiences have been the best with Emirates and have always travelled Emirates. But the last time I travelled, I had a bad experience.
I travelled from JFK to Chennai in August, 2007 and my baggage did not come in the same flight. They had to trace the baggage and then both my bags arrived in 2 different days and I had to buy clothes, shoes, nightwear but Emirates reimbursed and gave me like $60 in cash for all expenses.
Apart from this, I have had pleasant experiences with Emirates and will continue to fly emirates.

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rockstart

01-08 09:10 AM

I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?

The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.

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walking_dude

03-20 10:11 AM

There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


http://www.electoral-vote.com/evp2008/Senate/senate_races.html

And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.

Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..

So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)

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