Prashanthi
08-27 03:02 PM
I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.
I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....
Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
And the old H4 approval notice is still in approved status when I check in USCIS website.
Please help me in this situation, let me know all your opinion about this case.
~Thanks in advance.
Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this.
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cheg
08-14 06:26 PM
Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
sivakumar
01-25 09:06 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
call customer service as it says they will tell you exactly waht happened
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
call customer service as it says they will tell you exactly waht happened
2011 Diego Rivera
gcwait2007
12-21 08:23 PM
Friends,
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.
I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.
I look forward for your advice,
Thanks in advance
more...
thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
ajay
08-16 08:41 PM
What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
TIA
The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.
Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).
more...
satyasaich
09-08 01:03 PM
Surely great job.
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
2010 fueron Diego Rivera,
yawl
07-17 12:34 AM
This is a very good one. It mentioned per-country-limit and wasted visa numbers.
more...
roseball
04-19 10:49 PM
The reason you did not get an approval with I-94 is that it seems your current status is valid only till May and I am not sure if your attorney included the documents (I-20) mentioning that you will be enrolled in Kaplan from June - Oct......USCIS wont approve a H1 with I-94 if you do not show evidence that you have valid status till Oct 1st.....
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waitin_toolong
12-07 02:39 PM
Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.
H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.
H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
more...
desigirl
01-28 10:56 AM
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
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andr.in
10-05 04:59 AM
Flash can crash too if you trace a bitmap and put the minimum area and color threshold values very small. It takes forever to trace 'em. And if you start doing something it crashes. :)
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
more...
house a FRIDA y DIEGO RIVERA
garybanz
01-11 11:53 AM
How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.
Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception
Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception
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IneedAllGreen
09-22 10:45 PM
I would suggest to stay with your employer and get your I-140 done through premium processing . Once I-140 done then transfer H1B with new employer and start new GC processing too.
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
more...
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andy_8214
09-15 07:49 PM
4th thread by Chandu.......do administrators not monitor this?
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lvinaykumar
01-20 02:01 PM
new look is great
more...
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desi3933
06-22 09:59 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
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whiteStallion
01-20 02:24 PM
Great looking site ! Kudos to all those who made this happen over the past few days ! Way 2 go...
gc_chahiye
09-20 05:55 PM
The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.
I dont understand the reason of why they want to accept when current only ?
because the law says so:
From the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
I dont understand the reason of why they want to accept when current only ?
because the law says so:
From the Immigration and Nationality Act's Section 245(a):
(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status
The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.
thakkarbhav
11-17 12:31 PM
I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
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