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  • simikishore
    08-02 11:04 AM
    I am in the same boat. Attorneys, Gurus and Experts...please advice on this.

    Hi Attorneys and Experts,

    My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.

    I have following questions:

    � if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.

    � How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.

    All I am just trying to get a knowledge of what is the law.

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  • Beta_mle
    04-15 08:42 AM
    One of my minor dependents appears to have been out of status due to non renewal of their H4 visa. We thought that like the original application, dependents were covered by my renewal, found out too late that this is incorrect. Since then we have obtained renewals and the dependent in question now has an approved H-4 status, plus pending 485 and advanced parole.

    I have been told though that time out of status is not counted against minors. Is this true?
    Is there any risk in travelling out of the country to get visa stamped and returning? I understand this resets the clock. Can the embassy look into the history, find out that previous issue and deny the H-4 stamping because of it?

    I am very discouraged by this long drawn out process. Any information would be appreciated.

    PS: The minor in question just turned 14 years old. Could this be the reason?

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  • msp1976
    04-13 12:08 PM
    Some respectable names in the members list...
    I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....

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  • iwantgc
    10-10 11:21 AM
    Does anyone know when is the November 2006 visa bulletin gonna be out?


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  • shahpeerally
    12-04 09:17 PM
    Re: #1

    Good question.

    The rule is misleading and your confusion is understandable. Do not file in the CSC, it will likely be rejected, or if you're lucky, they might overlook it or transfer the case to VSC.
    The filing location will be the VSC because that's your worksite. The rule requiring you to file in CSC has to do with the "H-1b employer" itself being cap exempt (ie. institutions of higher education and certain non-profit organizations). Your H-1b employer is a for-profit company, I assume, so they are not exempt from the cap.

    Re: #2

    Section 2.2 should be "e" if you're porting to a new employer, if it's a pure extension with the same employer, pick "b."

    Section 2.5 should be "c."

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  • DSLStart
    10-20 11:20 AM
    I doubt if immigration would be on his plate for next 8-10 months because of economic downturn. His administration would be busy focusing on taxes, banking reforms, health care, pulling out of Iraq etc. If recession goes away quickly than hoped only then we can expect something about it...

    With just 14 days left, it is getting more and more clear tht Obama is going to be the president of the US for atleat next 4 yrs, unless some miracle change the race in coming days. And Projected Senate looks like, democrats will have 60 or almost there which is required to bypass a filibuster and Dems would be incresing their lead in House.
    Dont we have to strt sending emails to Obama,Pelosi and Reid after Nov 4th.


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  • arulz
    10-12 01:10 PM
    I was in Canada and came back to US last weekend using AP. I only had two documents. They asked for three but I told them that I only have two and that is all I got from USCIS.
    They made me wait for 15 minutes and then stamped both AP documents and gave it back to me with an I 94 and entry date/stamp.

    I believe you should have your Advance Parole document and not with the immigration.

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  • googly2007
    03-27 03:21 PM

    At present I am on H4 but my H4 expired in December2006. But I have I-94 valid till 2009. My husband also got extension till April2009. Now I want to apply for H1 in April2007. I want to know whether this will affect my H1 approval? Do I need to have stamped H4 which is valid till 2009 before filing fresh H1?
    I need this as soon as possible.

    Thank in advance.


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  • lecter
    February 13th, 2005, 05:42 PM
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  • gchopes
    11-12 02:15 PM
    Hi all,

    What docs are required for re-entry of spouse on H4 visa. The primary applicant on H1 is not travelling.

    1. Copy of I-797 of H1 visa holder.
    2. Passport copy of H1 visa holder.
    3. Recent pay stubs of H1 visa holder.
    3. Marriage Certificate.

    Am I missing something.



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  • jjaspirant
    03-18 10:51 PM
    My PD is Feb 2007, EB3 category.
    My I-140 is approved and I485 was filed in July 2007 (pending more than 180 days)
    I have an EAD.

    My employer revokes the I-140 for people they lay off. Does the RFE come immediately when they revoke the I-140 or does it come at the time of adjudication - which in my case is a long time away since my PD is Feb 2007 in EB3 category.

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  • tnite
    10-08 11:17 AM
    In our 485 notices, Under the section, it is stated as Unknown. priority date is blank. Please let me know if anyone is facing similar situation and what needs to be done to correct it?

    Please give some input

    I had the same issue.If it makes you feel better call USCIS and put in a service request.They will get back to you in 30 days.


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  • supers789
    08-07 08:00 PM
    I have an approved i140 from old employer, using which I am planning to file i485 (As PD from old PERM/i140 is current for the month of Aug. & no labor filed for ne employer). As I am in good terms with old employer, they are ready to give me a "future employment letter" for my GC processing.

    Can someone please let me know -
    1. Format of the letter, details thats needs to be present in it,
    2. Anything else I need from the old employer.


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  • srhari
    02-28 04:40 PM
    As far as I know, any person can stay in US legally only on one visa at any point of time. That said, the moment you switched to L1, your H1 is invalid. I'm pretty sure that you can't use your previous H1 extension and you have to file for new H1 petition which starts in April 2008.


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  • kothari_rupesh
    07-07 01:03 AM
    ^^^^^BUMP^^^^^ Please Anybody, time line with recent AP Approvals at NSC ?

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  • kim123456
    12-30 02:19 PM

    Thank you for your reply.

    But I do not want to loose my H1B status, mean not to use EAD.It has been almost 1.5 year since I140 approved but I never work for the company who filed greencard for me. Does it matter? What is final solution to get greencard since company is closing.


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  • ArunAntonio
    08-22 02:15 PM
    Come on guys .. this is easy good stuff ...
    Do not hesitate ... you will become a star ....

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  • mnkaushik
    03-02 11:31 AM
    I think mom's in the forum can answer this better since i am sure many of them took short term disablity during delivery and subsequent months. My wife took it twice for the birth of our children and I dont think it is an issue.

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  • good idea
    11-11 12:44 AM
    finally this link worked....

    05-28 02:33 PM

    Would greatly appreciate your response for following quick inquires;

    Q.#11 Dates ... is this the date I signed the I-765 application, or lawyer signed, or the date we mailed or the date USCIS recieved the application?:confused:

    Q. #15 Current Immigration Status ... I researched on this forum and concur with those who say AOS.:)

    Q.#16 Eligibility under 8 CFR 274a.12 ... Selected (c)(9)(). I filed during July-07 under EB2 category. Also this is what was mentioned on my original I-765 application that had been approved last year.:rolleyes:

    03-12 02:27 PM

    My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....

    "Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."

    I have requested my company lawyers on the specifics...

    Is it even possible to get an RFE by mistake? - (may be - yes)

    have you seen any such instances?


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