frostrated
09-09 03:33 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
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satishku_2000
10-05 07:03 PM
"How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
ashwinicool67
04-28 02:55 PM
Anyone??
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Humhongekamyab
08-21 11:24 AM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
more...
gnutin
06-10 02:36 PM
Thanks for your immediate response, gnutin and thomachan72.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.
sheela
08-15 05:51 PM
Couldn't resist opening a new thread and sharing this with fellow IVians.
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
more...
gatsat
10-08 03:10 PM
Hi. I am still unmarried. But i applied for my I-485 when it was current last month . My priority date iss Nov2004 in EB2. Currently it is April2004. I might not be able to get married till May2008. Would i be getting GC by then or is there chances of getting delayed. Please let me know
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
Also, is there any way that i can keep postponing my application to be processed till i get married ? I filed in Augst 13th and still didnt get my receipt. Also my I-140 is in process in TSC.
Please clarify.
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amitga
12-06 04:41 PM
I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
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raysaikat
05-04 12:30 PM
Is there any way to link buying house and green card?
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I thought that that $500,000 (actually $1M unless the investment is in underprivileged areas) has to be personal funds, not loans. I do not think that there are many with personal funds close to that. Most people buy home with loans.
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p_kumar
11-30 12:22 PM
As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.
Regards
K
I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D
Regards
K
I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D
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gantilk
04-27 11:26 PM
Thanks Desertfox. Did you send any supporting documents. there were contradicting opinions on whether to send or not send any additional documentation after e-filing EAD. Please let us know what you sent or not sent?
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champu
03-12 09:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
:):):):):):)
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pmamp
11-03 02:12 PM
I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.
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saileshdude
09-07 10:49 AM
Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.
-Sree
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
-Sree
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
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jonty_11
10-23 01:08 PM
Thanks for ur reply... but i ve already bought the ticket...so shud i buy another one-way ticket :confused:
I guess that is teh only option u have...
I guess that is teh only option u have...
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satyasaich
10-21 10:16 AM
That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
more...
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gc_in_30_yrs
07-17 02:48 PM
IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...
Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.
Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.
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LayoffBlog
01-27 01:32 PM
High-tech glass and ceramics maker Corning Inc. - which makes glass for LCD screens and monitors in addition to fiber-optic technology - announced Tuesday it will cut 3,500 jobs, or 13% of the company’s workforce, by the end of 2009.Source: CNNMoneyPosted in Manufacturing, US Tagged: Corning, Corning layoff, Corning layoffs http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1261&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/27/corning-slashes-3500-jobs/)
More... (http://layoffblog.com/2009/01/27/corning-slashes-3500-jobs/)
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raysaikat
04-06 01:27 PM
... But if 6 months have already elapsed after filing I485, then you are free to go anywhere.
Does not sound right. Where did you hear that?
Does not sound right. Where did you hear that?
breddy2000
01-23 10:41 AM
Can someone explain me what this processing date means?
Is it the Receipt date or the Notice date? Assuming you have a receipt date of July 2nd 2007 and Notice date as Aug 12th 2007, does it mean the 485 case has been processed and pre-approved assuming if no RFE is raised on the case.
Any expert comments
Is it the Receipt date or the Notice date? Assuming you have a receipt date of July 2nd 2007 and Notice date as Aug 12th 2007, does it mean the 485 case has been processed and pre-approved assuming if no RFE is raised on the case.
Any expert comments
kaisersose
11-30 03:40 PM
They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
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