slowwin
05-20 09:04 AM
This question is for an attorney:
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
My spouse's case is this: She has applied for AOS I-485 (India) based on an underlying EB3 I-140 (PD feb. 2007) petition during July 2007. At that time she had also applied for an EB2 NIW self petition, which was recently approved in April 2009.
Two issues arise now:
a) The PD date of the newly approved I-140 is August 2007.How do we inform USCIS to capture previously approved EB3 I-140's PD. She has used AC21 to port to same or similar job, but he previous EB3 I-140 has not been revoked. Is it possible to capture previous PD?
b) Do we have to send new I-485's or can we ask USCIS to interile newly approved EB2 NIW I-140 to the already submitted I-485s. If yes, how do we do that ?
Thanks for the help.
slowwin
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number30
04-09 02:48 PM
Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009
What are his options to keep the GC process rolling & things to consider?
Can he return to his home country, India, and apply 485 by consular processing when his PD is current?
Thank you.
Company should not revoke his I-140 and support him with all the documents for the interview. There is no AC-21 for the CP.
INSpector
07-24 09:58 PM
I've been reading a lot regarding how many people is submitting their application this month, some how after see the possible figures I feel demoralized, looks like before July 2007 all of us were having an idea of our process, then the USCIS mess appeared and now I have no idea of when I will receive the GC or if some day I will receive it.
The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?
Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).
Thanks
The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?
Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).
Thanks
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03-17 09:46 PM
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02-25 10:34 PM
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h1b6years
04-28 01:26 AM
Greeting everybody: I have been working for the same Company since 2002 first J1 then 6 years of H1-B expiring on July of this year (2009). Currently my employer is going thru the process for a Green Card with our Legal Firm and they proposed me an E Visa while the Green Card approval process is work in progress (I passed the DOL approval and I'm in the middle of the recruiting phase). I'd like to get a third party opinion if I can be granted a Green Card switching from H1-B to E Visa.
Anyone familiar with this matter?
Anyone familiar with this matter?
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04-22 06:18 PM
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ujjvalkoul
07-06 09:14 PM
Lookds like USCIS cannot conver 72 MOnths to 6 yeaRS....
They just approved my I 140 today.
They just approved my I 140 today.
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hpandey
12-28 10:30 AM
Hi,
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
Hi Sunil
On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.
The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).
But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
Hi Sunil
On 11/27 last month you said that you had received your FP appointment notice and you want to reschedule it . Did you not do it at that time ? Is this the second time you want to reschedule.
The procedure is the same as explained in your first post and yes you can reschedule it one day before it is due ( but I would strongly advise against it if this is the second time you want to reschedule ).
But I guess since your wife is in India you have no choice. Consult your lawyer also in this case so as to keep him in the loop and get his advise also.
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cantonsale10@gmail.com
02-14 07:20 PM
Hi Friends,
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
I work for Company A from the year 2003 on H1-B Visa and here is my details
Priority Date : Aug 2004 (EB3-I)
I-140 Approved date : Jan 2007
I-485 Filed date : July 2007
Currently using : H1-B (8 th year running)
EAD & AP : I have both EAD & AP but not using it at this stage.
Now i got an offer from Company B but they can accept only EAD or GC with Good salary and position. I am really tired of getting low salary with company A as they started taking advantage of me.
Now if i use EAD card to move to company B (by using AC21) and once i get a green card (don't know when ??) do i have to come back to company A and work for one or two years as GC is for future employment ? Is there any rule like this ?
I am also planning to have my personal attorney after moving to Company B to take care of AC 21 and other communications.
I am not sure Company A will allow me to move at this stage and i cannot waste my life with this company for a low salary so i want to move and make some progress in my life.
Have any of you moved like this and got GC ? Will there be any issues ?
Please advise.
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aguy
07-27 03:24 PM
She has the F1 stamped on the passport which is valid until Dec 2009 I think. She is finishing much before that. Does it mean she will not be able to reenter on either F1 visa or the EAD?
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achu
09-26 03:45 PM
Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.
I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.
I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.
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10-18 06:23 AM
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AllVNeedGcPc
05-12 07:55 AM
My colleague went to India for 6 months after getting his GC, and has been just chilling out here for more than a year now.
You are a free bird once you have GC, just shouldn't be out of the country for more than 180 days in a year for tax purposes..
You are a free bird once you have GC, just shouldn't be out of the country for more than 180 days in a year for tax purposes..
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kondur_007
08-11 06:08 PM
Got an RFE to produce employment verification letter from my current employer. Yes, i changed the employer recently but didn't file AC-21.
Do you know how long USCIS takes to update the status online?
Thanks.
G.
I am assuming that your lawyer sent it by some means that can verify that it was delivered.
USCIS usually takes about 7-10 days to update it online. (for example, if your RFE response was delivered to USCIS on Aug 10, expect it to be updated around Aug 17-20).
If you do not see update after 15 days of the delivery of the RFE response, call USCIS customer service so they can track it for you.
Hope this helps.
Good Luck.
Do you know how long USCIS takes to update the status online?
Thanks.
G.
I am assuming that your lawyer sent it by some means that can verify that it was delivered.
USCIS usually takes about 7-10 days to update it online. (for example, if your RFE response was delivered to USCIS on Aug 10, expect it to be updated around Aug 17-20).
If you do not see update after 15 days of the delivery of the RFE response, call USCIS customer service so they can track it for you.
Hope this helps.
Good Luck.
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darshan1226
03-25 12:33 PM
it took 3 months to be approved.
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dealsnet
10-09 08:37 AM
Better to send the GC to India and he can enter with that GC.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
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gcdreamer05
11-14 03:26 PM
Yes all those who were not eligible can try now right, if we were to bring this to their notice that we did not get anything last year, will that make a difference.
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sekharreddy
07-18 10:14 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
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
food2006
06-28 02:01 PM
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morchu
05-27 06:56 PM
What I understand is that, your spouse can apply for H1, but not "change of status" while on EAD/adjustee. The establishment of H1 status for your spouse is possible only via an entry using H1 visa.
So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.
Anyway, it may not worth all this pain, since she can continue using EAD.
Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?
So your spouse can wait in USA for the H1 approval notice and then travel outside USA for consular processing.
Anyway, it may not worth all this pain, since she can continue using EAD.
Thanks for the response, but does that means anybody who is on EAD cannot apply for H1B while in US ?
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