l8A
10-05 10:09 AM
Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
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meridiani.planum
08-19 12:26 AM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?
you got an approval notice, you are through. enjoy man. :cool:
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?
you got an approval notice, you are through. enjoy man. :cool:
needGCcool
08-08 06:56 PM
I also have receipt numbers beginning with WAC and filed in NSC. I was able to open a SR last month for self and spouse. During my infopass apt, the IO suggested that I could also open a SR by calling USCIS if I believe my case is not being processed within their window.
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gcpain
05-20 03:59 PM
1. If ur attorney is an AILA member, Check ur status through AILA
- My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?
2. Call the USCIS customer service and submit an SR request
- What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.
All you Immigration gurus, please advice. Thanks in advace fot you all.
- My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?
2. Call the USCIS customer service and submit an SR request
- What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.
All you Immigration gurus, please advice. Thanks in advace fot you all.
more...
InTheMoment
07-14 12:24 PM
I don't understand... what is the reason for opening this new thread. Application are still being receipted in July.
>>>And btw the received date in the status can also mean the latest update and/or the notice date<<<
Adminsitrator please merge or close this thread !
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
>>>And btw the received date in the status can also mean the latest update and/or the notice date<<<
Adminsitrator please merge or close this thread !
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
sodh
07-11 09:37 PM
Everything has its charm once, try something creative.
more...
glus
12-27 03:05 PM
Hello Helper!
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
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sugaur
06-27 11:27 PM
So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
more...
mittal_a
06-26 10:09 AM
I think it should be ACT 21 which I have filed it like a month back.
Thanks a lot for quick replies
Thanks a lot for quick replies
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arc
10-25 04:01 PM
^^^
more...
nogc_noproblem
07-18 11:10 PM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
I have EAD and AP but wondering why I can not transfer H1B?
I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
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sathishkrish
07-23 08:54 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
more...
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smisachu
05-16 10:23 AM
Please call the reps..Lets get these things through. We finally have critical mass.
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Britsabroad
November 30th, 2008, 03:34 PM
Thanks Ed! Im after one of these.
more...
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angelfire76
06-09 01:53 PM
The attorney is right and no where has she specifically stated it as an "Indian only" issue. It just happens that lot of consultancies are owned by Indians and they could be her clients.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
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vmetla
07-30 07:48 PM
Hi All,
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
more...
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starving_dog
09-01 09:39 AM
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
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keepwalking
05-14 08:06 AM
I am sorry for the confusion. My wife is already in US in H-4 status. My question is once I add her to my green card process (on June 1st 2011), how long will it take for her to get her green card.
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deepakjain
07-22 05:42 PM
is this is right?
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
-> H1 (797 approval notice) is valid
-> you enter USA on AP, you will get AOS status.
-> H1 is still valid but unusable as the status is AOS.
-> If anything happens to GC processing then you loose status, H1 will NOT become a backup.
-> The only way you change from AOS to visa status is by renewing your H1 or change jobs with H1 ( or reenter USA on H1 Visa ).
PS : I understand , H1 ( 791 approval notice ) and H1Visa are different.
Anyone entering US using Advance parole becomes a "Parolee", but still can work on H1B with the same employer, BUT need to inform the employer that they entered using AP.
You are eligible for H1B extension after expiry and again get back to H1B status.
Being on AOS status it is better to have H1B stamped on your passport if you visit your nation, at Port of Entry categorically tell the officer that I do not intend to use my AP. {now many will say way to tell the officer they can know your status and do not be surprised if they tell you that you have your labor, 140 cleared and on waiting 485 status and hold and AP and EAD with so and so dates...
I myself have been told by the officer at the POE that my 140 is cleared when I entered US in 2008 [ this was before the attorney or I received any communication]....
GCInThisLife
07-18 01:40 PM
Your EB2 PD is more than 2 years from EB3 PD. So, it may not make as much difference at the end considering the volume of PERM filings after March 05. So do what you think might be safer as dates may severely retrogressed in future and even cut-off date moment till 2005 wouldn't be any time soon and you wouldn't want to get I485 rejected due to problems in I140.
Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
Also, I am not sure if you can have more than I485s pending at the same time i.e., when you do not withdraw EB3 I485. Check with your attorney.
Hi,
Hello all,
Here is my situation.My Pirority date is March 2005 and my category is EB3. My 485 and my spouse;s ( as my dependent) was filed through my compnay on July 2nd.
My spouse's company's had independently started processing is GC under EB2.His priority date is June 2007.He got his labor approved last week and is eligible for i-140 and 485 right now.
At this time, which category is most benefitial to us? EB3 from March 2005 or EB2 from July 2007?
Gurus, please help
sathishkrish
07-23 08:54 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
