PDOCT05
10-29 12:32 PM
Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer
Thanks much for all your suggestions..i will inform lawyer about this.,
Thanks much for all your suggestions..i will inform lawyer about this.,
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kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
martinvisalaw
01-11 02:31 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
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gmail
12-21 12:42 PM
so you can setup your own LLC. start hiring people?
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Desi Unlucky
07-02 07:25 AM
I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.
Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.
If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.
I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.
Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.
If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.
I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.
sundarpn
01-02 06:33 PM
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
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wanaparthy
03-25 01:47 PM
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gcseeker2002
08-27 04:56 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
this is very important.
Sad to see this friend. I dont think it affects principal candidate's processing but dependant's processing may be in trouble.
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hpandey
08-05 11:19 AM
I received a "Card Production Ordered" email from USCIS couple of days back. Waiting for the actual cards.
Did you had to go for an interview or another fingerprinting before you got the welcome email ?
Did you had to go for an interview or another fingerprinting before you got the welcome email ?
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Eb3_frustrated
07-24 03:55 PM
I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.
So if SKIL bill gets passed we should be fine, but when is a big question ???
So if SKIL bill gets passed we should be fine, but when is a big question ???
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bijualex29
06-22 07:53 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
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logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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sammyb
05-02 09:54 AM
Read this on recent news letter ...
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)
seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
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trinigirl
08-09 06:36 PM
Are you kidding me $400.00 I paid $115.00 Including tetanus shot and tb shot. $35.00 for the lab work and my husband's insurance covered the x-ray because I Knew it would com back positive. What a rip off
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gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
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mandyharper
November 9th, 2004, 06:41 AM
I am new to SLR photography so I do not have any lenses or leanings to any particular manufacturer. My US$1000 has to buy atleast one lense to get me up and running.
I was going to buy the Digital Rebel but I am now considering waiting to see what the Olympus Evolt performs like. I need to have a camera before mid December as I am going on vacation.
Any comments? Is four-thirds here to stay?
:confused:
I was going to buy the Digital Rebel but I am now considering waiting to see what the Olympus Evolt performs like. I need to have a camera before mid December as I am going on vacation.
Any comments? Is four-thirds here to stay?
:confused:
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admin
09-29 09:43 PM
IV has already contacted Author David Heenan. In fact the author endorsed our effort. Check out his letter to IV - http://immigrationvoice.org/index.php?option=com_content&task=view&id=24&Itemid=43
Also as per the letter, his book has already been sent to the influential senators.
Also as per the letter, his book has already been sent to the influential senators.
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sent4dc
08-25 06:07 PM
Hi everyone:
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
I'd appreciate if someone could give me an advice here. I am currently on the 6th year of H1B. It is expiring on Jan 31, 2008. Technically I will need a 7th year extension. My Labor Certification for Green Card (EB2, PD: Dec, 2002) was approved back in July, 07 and I filed I-140 and I-485 concurrently in the end of July. So far I have not received a receipt or anything back from them.
What shall I do in this situation -- can I apply for H1B extension now? Any advice will be appreciated.
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ohguy
02-12 10:06 PM
Yesterday I got emails that both me and my wife's 485 were transferred to TSC from NSC although I am staying in Ohio which comes under NSC. It could be the load balancing I think. I hope it's good cos TSC is much faster to process 485 applications. Mine is EB2 March 2006.
Aah_GC
07-11 05:01 PM
You have an immaculate sense of timing! Had they processed your application a week late - you would have received only one year EAD card. No wonder you are called Saint :)!
PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
DSLStart
07-29 11:22 AM
He did ask me who filed for the GC so he knew mine was EB case.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
Elaine,
Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
thanks,
The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.
My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.
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