ns007
06-15 10:44 AM
After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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frostrated
08-05 04:01 PM
I think this is like saying.....My friends drove on I-101 at 80 MPH and they never get Ticket. Ahhha....Immigration is like game and we never know when you get trapped.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
Take advise of your Attorney, still you need to work on your own to get exact information....and correct way of doing.
I think person shouldn't leave country after applying AP and come back with AP which got approved while abroad.
Yes they can if they have VALID H1/H4 Visa stamping.
Thanks.....No offense guys.
VK.
I had to leave the country on work and was outside for close to 4 months. When I left, I had an approved AP1 in hand, and had applied for AP2. AP2 was approved while I was outside the country. I returned on AP2 with no problems.
nk2006
12-07 02:40 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
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vaayu
06-21 08:56 AM
we never had any issues when e-filing EAD or AP for me and my wife. I think its pretty straight forward and less hassle.
Good luck
Good luck
more...
mohitb272
07-16 07:24 PM
Hats off to IV :) :)
Waiting for the good news...
Waiting for the good news...
akhilmahajan
11-14 08:28 PM
December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
more...
eastindia
04-22 09:28 AM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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jasmin45
02-26 01:20 PM
If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
more...
immigrationvoice1
03-18 04:49 PM
I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.
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quizzer
11-08 05:26 PM
EB-2, NSC, PD 10/30/07. Only LUD on 11/22/06, since then nothing
Romesh,
Any updates?
Thanks
Romesh,
Any updates?
Thanks
more...
diwa209
07-21 03:02 PM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
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joydiptac
09-30 05:33 PM
AILA Leadership Has Just Posted the Following:
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
more...
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japs19
01-22 11:18 AM
Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
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sprash
10-15 06:00 PM
My lawyer strongly suggests not to leave US unless you have your AP in hand or a valid visa stamped.
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Danko
01-06 07:36 AM
I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.
Sounds like a conflict of interest then:
kirupa.com - Shocked Resource for Making Designers better Developers!
:beam:
Sounds like a conflict of interest then:
kirupa.com - Shocked Resource for Making Designers better Developers!
:beam:
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thepaew
09-24 03:44 PM
Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)
Ciao
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
Ciao
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
more...
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pablo8000
04-15 01:58 AM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
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eb3India
01-31 02:02 PM
I have nothing against UN and I really appreciate him for helping many guys and is numerous post on immigration portal (I wonder how he has so much time/energy to do so).
However, one needs to understand you need to help yourself by helping IV and I don't see this happening, we just have too many free riders, who are praying some how things will turns out in thier favour.
However, one needs to understand you need to help yourself by helping IV and I don't see this happening, we just have too many free riders, who are praying some how things will turns out in thier favour.
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nmdial
04-21 01:48 PM
Welcome to H city! SugarLand and Katy have very good neighborhoods with lots of desis. A lot depends upon where your office located. Cost of living is in Houston is low compared to LA, NY. Homes are "affordable". But property taxes are high (average is above 3%). Food, gas and misc. services are cheap. Insurance and utility costs are high though. Let me know if you have any specific questions.
Thanks.
Thanks.
kumjay
06-28 03:58 PM
Didn't you earn all the dollars in this country? Then where is the pain man? Remember Geeta --- Jo liye Yehin pe liye, Jo diya yahin pe diya (Whatever I got I got here, Whatever I gave, I gave here)....so think that and write checks to Lawyer, Doctor, USCIS. I hope Geeta will reduce your pain.
Leo07
02-03 05:28 PM
God Bless!
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
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