Ann Ruben
02-11 08:58 PM
Hi Vinod,
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
As a practical matter, you probably want to file your wife's I-485 application as soon as possible after the first day of the month in which your PD becomes current. As you know from experience, PD's can and do retrogress dramatically with little or no notice.
If your wife is in H4 status on the date that your GC is approve, she will automatically fall out of status. She can remain out of status for up to 180 days without losing eligibility to file for AOS, but if the PD retrogresses before she files, she has to wait and hope that your PD becomes current before 180 days have passed.
If your wife changes status to E-3 she can still file her I-485 when your PD becomes current. But,
E-3 status, unlike H-1 status, requires non-immigrant intent. So, theoretically, if your wife changes to E-3 status and then files the I-485 within 60 days, an allegation of immigration fraud could be made and possibly result in denial of her I-485.
Ann
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nogc_noproblem
04-09 05:06 PM
Since you have Valid H1b, using H1b is better option. EAD � you need to renew it every year. If you are in EAD, then you have to have AP (if you want to travel abroad) which also you need to renew every year.
If anything goes wrong in your I485 (just in case) you will be in trouble, but that is not the case if you are in H1B. I am not saying EAD is bad, but comparatively Valid H1b is a better option.
If your previous employer won't revoke I140, then no issues, even revoking of approved I140 by your previous employer will not have any effect as you have completed 180 days after filing your I485.
Hi,
i got my i140 approved ,i-485 applied >180 days with my old employer.i have my h1b till 2010.Now i got an offer from a new company who is willing to do my h1b transfer and they said no need for doing labour,i140 again.
i am confused. is that safe if i do h1b transfer and keeping old employer's i140.(they won't revoke).Are its better to use ead to avoid confusion in GC process.pls show me the light.
If anything goes wrong in your I485 (just in case) you will be in trouble, but that is not the case if you are in H1B. I am not saying EAD is bad, but comparatively Valid H1b is a better option.
If your previous employer won't revoke I140, then no issues, even revoking of approved I140 by your previous employer will not have any effect as you have completed 180 days after filing your I485.
Hi,
i got my i140 approved ,i-485 applied >180 days with my old employer.i have my h1b till 2010.Now i got an offer from a new company who is willing to do my h1b transfer and they said no need for doing labour,i140 again.
i am confused. is that safe if i do h1b transfer and keeping old employer's i140.(they won't revoke).Are its better to use ead to avoid confusion in GC process.pls show me the light.
jediknight
08-08 08:29 PM
It is possible to "interfile" in this situation, (See AFM Sec. 23.2(l) Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another).
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
Thanks Ann.
I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)
- JK
However, I do not think you can successfully interfile until your wife's 2010 PD is current. ( See AFM Sec. 23.2(l)(2)(L) The Priority Date must Be Current for the Basis to Which the Applicant Wishes to Convert).
Thanks Ann.
I was hoping that we could interfile before the PD becomes current, so the app could be pre-adjudicated :-)
- JK
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meridiani.planum
01-22 03:10 AM
Hi,
I have spent over 3 years in US. Can I file for H1B extension based on 6 years window for H1B visa. My situation is I am in India and the company is filing this fro me in US.
What are the chances of getting this extension approved?
1. I have maintained a legal status for 3 years during my stay in US.
2. 221g was the problem I couldnt get back to States.
3. 221g got cleared but my I 797 got expired and old company withdrew H1B extension.
4. Now one company is helping me with H1B extension based on my case as detailed above.
Pls advice about the possibility of getting this H1B extension. I am kind of waiting on this for long.
Regards
It should get approved. Seems like a standard H1 case, why do you think there might be a problem?
I have spent over 3 years in US. Can I file for H1B extension based on 6 years window for H1B visa. My situation is I am in India and the company is filing this fro me in US.
What are the chances of getting this extension approved?
1. I have maintained a legal status for 3 years during my stay in US.
2. 221g was the problem I couldnt get back to States.
3. 221g got cleared but my I 797 got expired and old company withdrew H1B extension.
4. Now one company is helping me with H1B extension based on my case as detailed above.
Pls advice about the possibility of getting this H1B extension. I am kind of waiting on this for long.
Regards
It should get approved. Seems like a standard H1 case, why do you think there might be a problem?
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ashkam
08-09 03:19 PM
But my lawyer chose this. and I already signed the form. Does it really matter? As he stated " Spose has an approved I-140"
I'm sure you'll be okay. All they want to know is the basis of your eligibility for filing I-485 and choosing (h) and adding this explanation should be fine.
I'm sure you'll be okay. All they want to know is the basis of your eligibility for filing I-485 and choosing (h) and adding this explanation should be fine.
jliechty
May 24th, 2004, 06:33 AM
Hope you don't mind me messing with this a bit, but sometimes it's easier to do it in photoshop than to explain with words what could be different. View the attached thumbnail (click on it for fullversion) to see how a slight change in the position of the elements could affect the photograph (the "ZING" as Lecter calls it ;)).
You did, however, pick a good time of day for your photo. Too early and the plane might be even darker with no detail, and too late and the moon would have to be overexposed if you wanted the rest of the picture to look like it does now.
Edit: forgot to attach the file :o
You did, however, pick a good time of day for your photo. Too early and the plane might be even darker with no detail, and too late and the moon would have to be overexposed if you wanted the rest of the picture to look like it does now.
Edit: forgot to attach the file :o
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paskal
08-20 03:38 PM
jaime you rock!
please post it on the main thread for "partner to increase attendance"
see url below:
http://immigrationvoice.org/forum/showthread.php?t=12441&page=9
please post it on the main thread for "partner to increase attendance"
see url below:
http://immigrationvoice.org/forum/showthread.php?t=12441&page=9
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sounakc
05-24 07:08 PM
my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.
sounak
sounak
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DJ_Prakash
01-26 05:27 PM
Thanks for your time.....
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hopelessGC
11-10 12:33 PM
H1-B transfer will be a good option.
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vin13
07-19 10:59 AM
LOL..its good to have a sense of humor.
I wish there was a way to know if a case is pre-adjudicated.
This would help us to not file for H1 extensions, EAD, and AP. Which inturn would free up time for the officers to work on improving processing dates.
Offcourse, i am still happy about the date movement.
It just makes you wonder , if they USCIS was deligent in not wasting visas in previous years, even EB-3 would have had a reasonable date.
EB-2
priority date:March 05
July 07 filer
I wish there was a way to know if a case is pre-adjudicated.
This would help us to not file for H1 extensions, EAD, and AP. Which inturn would free up time for the officers to work on improving processing dates.
Offcourse, i am still happy about the date movement.
It just makes you wonder , if they USCIS was deligent in not wasting visas in previous years, even EB-3 would have had a reasonable date.
EB-2
priority date:March 05
July 07 filer
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chanduv23
10-17 07:47 AM
There is a strong reason why we are urging people to join the State Chapters.
Please join your State Chapters and start getting active.
Please join your State Chapters and start getting active.
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pezz77
01-29 08:11 PM
Hi all, I hope someone can provide me with some advice.
I made an awful mistake today. I am in the middle of an H1-B transfer (company just signed application and sent to lawyer for sending to uscis this week) and moving to a different city for this job. I am moving this week and will commute to my old job until my notice gets accepted. My issue:
I had prepared my AR-11 (change of address form) and had it sitting on my desk ready to be mailed once my application was approved (since my application and all documents had my old address from when they started the process). I took the envelope with other mail by mistake today and put it in the mail.
Will this be an issue with the application? I don't know if they'll deny my transfer because of an address discrepancy or something.
Please advise.
I made an awful mistake today. I am in the middle of an H1-B transfer (company just signed application and sent to lawyer for sending to uscis this week) and moving to a different city for this job. I am moving this week and will commute to my old job until my notice gets accepted. My issue:
I had prepared my AR-11 (change of address form) and had it sitting on my desk ready to be mailed once my application was approved (since my application and all documents had my old address from when they started the process). I took the envelope with other mail by mistake today and put it in the mail.
Will this be an issue with the application? I don't know if they'll deny my transfer because of an address discrepancy or something.
Please advise.
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fromnaija
01-30 11:43 AM
Thank you for the info! Should I give my lawyer a heads up or not worry about changing address on the application (if they still can do that)?
Changing your address using AR-11 does not affect any existing petition. To change your address on any outstanding application you need to call the USCIS customer service number. So relax, this has no effect on your application.
Changing your address using AR-11 does not affect any existing petition. To change your address on any outstanding application you need to call the USCIS customer service number. So relax, this has no effect on your application.
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sivanyk1234
11-04 08:02 AM
It will be very helpful , if any one can clarify the new rule FATCA in regards to Indian NRI bank accounts. Will FATCA filing is required for Green Card Holders also.
Thank you.
Thank you.
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roseball
03-07 11:03 PM
My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
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gchopes
06-02 05:50 PM
Thanks for your responses. Will the 240 day rule apply even if I reentered on AP and in parolee status?
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surabhi
06-08 08:52 AM
You will be able to return to same employer if you get employed again with your old employer.
Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.
Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.
Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.
Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.
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martinvisalaw
10-13 03:20 PM
The documents you need to be able to legally marry depend on the rules where you intend to get married. It is not really an immigration question.
good idea
04-05 12:47 PM
Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
Thanks.
Thanks.
surabhi
09-05 10:54 AM
Did you try to expedite?
I think you qualify for expedite criteria since not getting EAD will force you to stop working and cause severe financial hardship.
I think you qualify for expedite criteria since not getting EAD will force you to stop working and cause severe financial hardship.
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