whattodo
06-13 11:24 PM
Hi Gurus,
I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.
I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.
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javadeveloper
07-21 08:13 PM
Hi
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
Applying for I-485 is not a problem.Problem is only if your your wife gets caught for not having paystubs(that means not maintaining legal status).If your wife having a valid visa stamping , she can travel outside US(may be india) and re enter into US which clears her previous illegal status.Let us know if you find more info.
gc_chahiye
09-12 05:09 PM
Just saw this one:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Hope this helps.
Regards,
kamdard.
already discussed in the following threads:
http://immigrationvoice.org/forum/showthread.php?t=13248
http://immigrationvoice.org/forum/showthread.php?t=13222
http://immigrationvoice.org/forum/showthread.php?t=13249
please check forum before you open a new thread for something like this. It is impossible that there is no post about any visa bulletin within 2 hours of its release. max. There are lots of eager beavers in IV :)
http://travel.state.gov/visa/frvi/bulletin/bulletin_3800.html
Hope this helps.
Regards,
kamdard.
already discussed in the following threads:
http://immigrationvoice.org/forum/showthread.php?t=13248
http://immigrationvoice.org/forum/showthread.php?t=13222
http://immigrationvoice.org/forum/showthread.php?t=13249
please check forum before you open a new thread for something like this. It is impossible that there is no post about any visa bulletin within 2 hours of its release. max. There are lots of eager beavers in IV :)
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tnite
06-26 02:24 PM
hi guys,
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
No one can tell you what will happen next month or 2 months from now.The best day to file 485 is July 2nd.
Once USICS receives your app they will send out a document for finger printing.You should take a infopass appt and go to a local USCIS office to be finger printed.
The time frame to receive this document ranges anywhere from a month to 2 or more.
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
No one can tell you what will happen next month or 2 months from now.The best day to file 485 is July 2nd.
Once USICS receives your app they will send out a document for finger printing.You should take a infopass appt and go to a local USCIS office to be finger printed.
The time frame to receive this document ranges anywhere from a month to 2 or more.
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vvicky72
10-17 02:42 PM
The title is misleading - can be interpreted as "You are leaving your job and wife because you got an RFE and you want to know if there is any problem?"
I know, I saw it now and had a good laugh. Its just the job. I would have many more problems, besides GC, to consider if I were leaving her !!:)
I wanted to find out if my wife's application could get into trouble because I left my employer who filed my GC application. Ideally, her case is dependent on mine and not directly to my employer, so I am thinking it should be fine. But wanted to get some expert opinions.
I know, I saw it now and had a good laugh. Its just the job. I would have many more problems, besides GC, to consider if I were leaving her !!:)
I wanted to find out if my wife's application could get into trouble because I left my employer who filed my GC application. Ideally, her case is dependent on mine and not directly to my employer, so I am thinking it should be fine. But wanted to get some expert opinions.
martinvisalaw
07-27 01:12 PM
If you were subject to the cap for the last H-1B, you will not be subject again. The new employer would need to file a change of status for you, changing you from B-2 back to H-1B.
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dxldad
05-18 11:57 AM
Did you apply for an H4 along with H1? You should ask this question to one of the attorneys, this is pretty complicated.
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reddymjm
05-15 06:34 AM
If your I-140 gets approved when you are already in the sixth year, can you still seek the 3 year extension?
Yes U can.
Yes U can.
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speddi
02-23 02:57 PM
One of my friend is in the same situation and he has been told by his lawyer that he can get his part-time concurrent H1 Extn for 3 years based on fulltime concurrent H1 approved I-140.
He is going to apply the same soon.
Good Luck!
Thank you very much for the quick response. Do you think I can talk to your friend for further details?
He is going to apply the same soon.
Good Luck!
Thank you very much for the quick response. Do you think I can talk to your friend for further details?
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delhiguy79
07-31 06:48 PM
Hey guys,
I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).
But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.
I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.
Thanks in advance.
I work in a MNC, my I-140 was filed on July 16th 2007 and is still pending and they r filing my I-485 and my wife's I-485 (as dependant).
But now I came to know about my wife's labor application has been approved and they want to file my wife's I-140 and I-485 concurrently, so can I file another I-485 through my wife's employer for my wife as primary and me being dependant to my wife.
I know this question must be asked a lot of times but does anybody has done it or not done it, please share your experiences.
Thanks in advance.
more...
roseball
05-09 11:31 AM
Hi,
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?
sincerely appreciate any input
Thanks in Advance
No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.
company A did H1B and H4 (both approval notices. No Visas stamped yet)
company B is doing H1b only. Can the dependent candidate stay on company A's sponsored H4 approval ?
sincerely appreciate any input
Thanks in Advance
No need to file H4 till her current H4 expires. As long as you are maintaining continuous H1 status (without gaps), H4 would remain active till its current validity even if primary H1 applicant changes jobs. You can file her H4 extension of stay petition 90 days in advance from the current H4 expiration date.
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baahubali
09-20 04:00 PM
Dear Gurus,
Is it possible to file I-140 under premium processing with substitute EB3 labor?
Is it possible to file I-140 under premium processing with substitute EB3 labor?
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CantLeaveAmerica
04-09 01:08 PM
I dont think it is mandatory..please look at this:
Employmentbased
Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
� The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
� The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
� The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
� The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
� Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Other:
� Sufficient evidence is contained in the record to support a denial of the
adjustment of status application. For example, if an I-485 that should
have been rejected at Visa Screening/INS Review was accepted in error, a
denial would be processed by the adjudicating officer.
Employmentbased
Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
� The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
� The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
� The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
� The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
� Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Other:
� Sufficient evidence is contained in the record to support a denial of the
adjustment of status application. For example, if an I-485 that should
have been rejected at Visa Screening/INS Review was accepted in error, a
denial would be processed by the adjudicating officer.
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viz
02-01 10:29 PM
I am wondering about exact same thing. Any help would be appreciated. Thanks.
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harrydr
03-06 07:28 PM
As you can see in my profile, my I-140 is approved and i'm waiting to file for I-485. I just went through a position change within my company via the company lawyer. The way the lawyer explained to me was that he did file a new H1-B petition for the new job and also i did receive my I797-A action notice from USCIS.
The lawyer had to file a new petition (I-129) based upon my approved I-140 and the most importatn action during this process was to phrase the job description in a way that the new job description was more than 90 percent the same as the I-140.
Moreover, the thing i'm nervous about is that no AC-21 was filed in my case. The lawyer did mention that there is no need to file AC-21 as i have not reached into the I-485 stage and that AC-21 is only applicable after the fact that I-485 has been filed.
Hopefully, my experience clears a few things for your case. You can PM in case you want additional details.
The lawyer had to file a new petition (I-129) based upon my approved I-140 and the most importatn action during this process was to phrase the job description in a way that the new job description was more than 90 percent the same as the I-140.
Moreover, the thing i'm nervous about is that no AC-21 was filed in my case. The lawyer did mention that there is no need to file AC-21 as i have not reached into the I-485 stage and that AC-21 is only applicable after the fact that I-485 has been filed.
Hopefully, my experience clears a few things for your case. You can PM in case you want additional details.
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seeking_GC
07-14 07:16 PM
Hi,
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?
I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.
Cheers!
Any cases where the underlying I-140 was withdrawn after 180 days of the 485 being pending(changed jobs using AC21) got approved recently?
I am current as per the July bulletin and would appreciate if some one else who is/was in a similar situation can provide their updates.
Cheers!
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uw2010
07-21 11:14 PM
No, it is a regular receipt notice.
Just a quick update, my EAD was returned to USCIS on the 30th day and they sent it back to me on the correct address within 5 business days.
Just a quick update, my EAD was returned to USCIS on the 30th day and they sent it back to me on the correct address within 5 business days.
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kak1978
02-17 05:27 PM
It is a good idea to contact the international student office in your university. But I have seen people using up their OPT without being employed.
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Roger Binny
06-06 04:29 PM
http://www.usimmigrationsupport.org/addresschange.html
meragreencard
10-29 08:07 AM
Thank you so much for your replies... my attorney updated me saying that its not an issue as Bhatt mentioned that I am in AOS too...
Thanks
I doubt it is an issue. you should be fine. U are in AOS too!
Thanks
I doubt it is an issue. you should be fine. U are in AOS too!
EndlessWait
06-04 01:42 PM
r u almost closeto ur GC is that so?
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