zeusjerry
05-18 08:14 AM
Based on the Cornyn Amendment, can one apply for I-485 without the visa numbers being available ??
hanu0913
10-08 02:05 PM
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
ArunAntonio
05-31 04:55 PM
Now is the time to take action.
Aluwal
08-20 09:44 AM
Lot of people out there without receipt notice who filed on July 2nd or before�
Regarding ReceiptingTimes081707, in other threads some of the senior members explained that it means they enter the data into the database� and will take 2 or more weeks to post them back to us/attorney..
Regarding ReceiptingTimes081707, in other threads some of the senior members explained that it means they enter the data into the database� and will take 2 or more weeks to post them back to us/attorney..
more...
CADude
07-27 12:57 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
senthil1
07-26 10:04 AM
I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
more...
bcg_consultant
02-13 04:35 PM
same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
amsgc
06-15 11:40 PM
I just read the instructions on initial evidence on the I-485. Nowhere does it ask you for passport details - only for page with nonimmigrant visa, if obtained in the last one year.
Why are people asking questions about passport validity? What am I missing here - please enlighten.
Thank you.
Ams
Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
Why are people asking questions about passport validity? What am I missing here - please enlighten.
Thank you.
Ams
Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
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misha
07-21 04:34 PM
I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.
Thanks,
Mitesh
I got the 1st AP receipt notice for my wife with I485 and EAD receipts in about 1 week after they entered our case into the system (September 2007). On October, 2007 she received EAD card but never received the actual approved AP.
I did not apply for EAD and AP. I'm still on H1B
Thanks,
Mitesh
I got the 1st AP receipt notice for my wife with I485 and EAD receipts in about 1 week after they entered our case into the system (September 2007). On October, 2007 she received EAD card but never received the actual approved AP.
I did not apply for EAD and AP. I'm still on H1B
gchopefull
10-02 04:14 PM
at TSC
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gc28262
01-16 09:42 AM
can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....
Maybe we can offer him a horse ride to nowhere. He will get enough time to think about "cruelty to horses".:rolleyes:
Maybe we can offer him a horse ride to nowhere. He will get enough time to think about "cruelty to horses".:rolleyes:
ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
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fromnaija
03-18 04:17 PM
So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.
Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.
Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.
pathiren
03-29 07:56 PM
Chanduv,
I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.
I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.
Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!
HP
I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.
I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.
Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!
HP
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andy garcia
05-21 02:09 PM
Are you sure? it is going to be too much pain....
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
raj3078
07-27 12:48 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
You answered your own question....If you are lucky then you will get it
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
You answered your own question....If you are lucky then you will get it
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gc03
05-24 08:16 AM
Wonderful Job!
arunmohan
11-14 03:51 PM
Thank you roseball. What is H1 COE?
SR2610
04-13 04:19 PM
apart from all above there is a risk in going to Canada or Mexico for stamping. If you dont get visa in Mexico, you need to go back to home country to get visa.
I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(
I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(
acecupid
07-06 11:59 AM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
1) You should have absolutely no problem entering on AP with a expired H1B visa and valid petition.
2) Airlines are well aware of AP, it is not a new document.
Stop worrying so much and enjoy your vacation. Have a safe trip back to US.
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
1) You should have absolutely no problem entering on AP with a expired H1B visa and valid petition.
2) Airlines are well aware of AP, it is not a new document.
Stop worrying so much and enjoy your vacation. Have a safe trip back to US.
lfgc
05-17 04:58 PM
Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.
Thank you very much in advance.
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
Thank you very much in advance.
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
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