buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
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kirupa
10-05 09:00 PM
I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)
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01-29 01:15 AM
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rajivkumarverma
10-15 09:26 PM
Hi
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3
What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise
I filled my I-140 & I-485 on Aug 2007.
My I-140 got denied on August 28-2008.
I came to know about my denial on Oct-15-2008
I did not get any REF on my I-140
My I-140 was filled under EB-2 category
My Labour does not metion anything about EB2 or EB3
What are my options ??? :confused:
Can I apply for MTR? My attorney is saying you need to start all over again
Please advise
more...
wandmaker
10-07 07:36 PM
My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
kondur_007
02-23 08:37 PM
I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
First a correction: your wife is not "out of status from Feb 11", but actually she is supposed to leave once the denial came on Feb 22. (she was fine between feb 11 and feb 22 as her extension was pending).
She starts to accure illegal presence starting from Feb 22.
Best option for her would be to go back, get a new H4 stap based on your approved H1 and come back; I can not see any problem with that (as far as I can see). Now risk with this entirely depends on the grounds of the denial of her H4 (but if it was denied for some minor reason or by mistake, I dont see any problem at all). This is the best way to solve this and also to make sure GC process is not affected.
Good Luck.
ps: I am not a lawyer. Follow your lawyer's advise.
more...
LOL123
09-05 10:24 AM
The applications that were sent between July 2 and July 17 have been transferred to other service centers. the applications reached during this time period is taking a little longer to process.
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WithoutGCAmigo
05-18 11:17 AM
Start with contacting another attorney. Let another attorney review your case and give his/her opinion.
Just don't rely on one attorney.
Just don't rely on one attorney.
more...
retrohatao
07-17 02:41 PM
Am I hysteric or what?
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
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waiting4gc
07-17 08:31 PM
I think if there is one bouquet from iv core sent to her that should be good enough. We are not trying to draw undue attention to her office by filling it with flowers:)
more...
smartboy75
11-06 05:57 PM
Who issued the checks ?? Was it you or your employer ?
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03-20 06:25 PM
Anyone???
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bank_king2003
09-17 01:30 PM
Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
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GCcomesoon
01-03 02:57 PM
Hi
Seriously , its only the PD which counts , so in this case the one with earliest PD should get his approval first, but sometimes ( sorry many a times ) USCIS has its own ways of doing things,so It can go the other wat too
I hope this answers your question
Thanks
GCcomesoon
Seriously , its only the PD which counts , so in this case the one with earliest PD should get his approval first, but sometimes ( sorry many a times ) USCIS has its own ways of doing things,so It can go the other wat too
I hope this answers your question
Thanks
GCcomesoon
more...
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payur
03-11 08:11 PM
Ok, here is the response from my lawyer:
"You can give back both but make sure that you have a photocopy in your
file. Actually, the 2 I-94 cards have the same number."
"You can give back both but make sure that you have a photocopy in your
file. Actually, the 2 I-94 cards have the same number."
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10-15 10:42 PM
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swita
03-25 01:41 PM
I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?
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gc_kaavaali
07-19 07:47 AM
As far as my knowledge is concerned Change of address triggers Soft update on pending applications (If you change for pending applications also). This happened to my case also when i changed my address last year.
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
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CRAZYMONK
09-25 11:29 AM
Hi,
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
I don't think you would be able to get through any of the list with the expired passport. If you are applying for it before your passport expires, I think you should be good.
By the way which country you are from?
I just got approved for H-1B this year and I have some questions. I'm from a small country where they do not easily let their citizens to become citizens of other counties. So unless it's for educational purpose (undergraduate/graduate), they will not renew my passport for me.
My passport expires at the end of this year, and I was wondering if it's possible to obtain the following with an expired passport:
a) H-1B extension
b) PERM
c) green card
If it's not possible to obtain any of them with an expired passport, I must enroll in a graduate school to renew my passport. (Before my passport expires) I really prefer not to do this.
I would really appreciate if you could reply with cases you've seen or experienced in the past.
Thanks in advance.
I don't think you would be able to get through any of the list with the expired passport. If you are applying for it before your passport expires, I think you should be good.
By the way which country you are from?
gujju
02-13 09:44 PM
I would rate them very high.My company uses them too .Are u filing EB2 with the same employer?.
snathan
06-07 01:03 PM
I recently renewed my license in Oklahoma and was surprised to find out that on top of shorter expiration date, now my license has �TEMPORARY� written across it. This is new rule that OK is applying for non-residents and non-citizens. Has any body else gone thru similar experience? I am outraged that now I will be discriminated every where. DL is used on day to day basis and every body will question me, suspect me as to why �TEMPORARY� is written on my DL. Even DL office was not sure when this new rule was implemented, how come police officers, general public will know about it. I feel ashamed to even show my DL now. I�ll get hard time getting loans etc b/c people will think I may move out any time as I am here �Temporarily�
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
Why dont you check with attorney and take them to court. Just getting/being angry wont help.
Is it only Oklahoma or other states are doing the same? See the link below from official DPS link for sample of DL.
http://www.dps.state.ok.us/
Why dont you check with attorney and take them to court. Just getting/being angry wont help.
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