GC_ASP
07-20 07:39 AM
If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
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sledge_hammer
02-20 06:06 PM
1) What is her current status H1B or H4?
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
A) H1
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
A) She will have to re-apply for H4 and re-enter the country.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
A) Contact an attorney.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
kubmilegaGC
09-14 06:58 PM
When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??
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softcrowd
04-23 09:35 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
more...
rajeshalex
07-30 09:29 AM
May be we can ask the important questions from everyone and filter it out/ask the top ten among them as a community?
apk1928
04-30 01:36 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
more...
bestofall
09-16 03:29 PM
I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
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chanduv23
04-21 04:27 PM
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
Thats a "positive view" by an attorney. Some Attorneys use the conservative approach. As such, it is an ambigious call.
Adjustment of Status means "you are in the US" and adjusting status. Now when a decision comes from USCIS - it may be "right" or "wrong". In 99% of cases, the decisions are right. 1 % cases where employer revoked 140 or July fiasco confusion or other stuff can be attributed to "wrong" decisions. Thats why a denial letter states that one has to apply for MTR if their decision was not right and asks for "new facts" that they missed. Ability to file for MTR means, you are showing USCIS that you are indeed eligible to adjust status. All this is within the law.
But the irony is - when one's 485 gets denied and MTR is in progress, one cannnot renew EAD or AP because the 485 has been flagged as "denied".
Now, if one files for MTR and leaves the country - it means this person has given up and the MTR will not get processed any further and 485 decision is final - and if the decision was wrongful - it means the person as actually obliged to a wrongful denial.
So what is the status when one files MTR? It is not defined.
Thats exactly why I said " An Attorney will be able to explain"
My personal suggestion - "Don't stress". If your 485 gets wrongfully denied, MTRs take usually few weeks to 3 months or so.
more...
onemorecame
10-25 01:19 PM
Hi Gurus,
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
Bump
I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.
Is it any problem to get 2 A#? if yes then what should be plan of action?
If No then which one is active A# number.
Please advice.
onemorecame.
Bump
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desi3933
09-17 09:09 AM
.....
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
........
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
........
Your lawyer is right. Since you have an active and approved I-140, your I-485 can NOT be denied. Even if it is denied by mistake, it can be re-opened by MTR.
You should relax, in other words.
That is the advantage of having multiple immigrant petitions (one or more combination of I-140 and I-130).
Good Luck to you.
*** Not a legal advise ***
more...
rock
03-14 06:01 PM
Is there any way we can track that I-140 is either revoked or not by the old employer?
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logiclife
05-11 11:47 AM
Thursday afternoon at 2:00 EST, legal immigration will be the topic on NPR�s talk show �Talk of the Nation.� They�ll be looking for people to call in with their stories.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
All members, please call in if you have a compelling story on how the broken legal immigration system affects your life and chokes growth, discourages new talent from coming into the country etc. etc.
Avoid bashing illegals or any other groups. Its not IV policy and should not be done.
We've wanted attention to the LEGAL variety of immigration debate and here is your chance to call in, and make your voice heard.
STAND UP AND SPEAK UP.
more...
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dummgelauft
10-04 09:48 PM
I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
She waited a second to digest it, then said, "Okay..Go..!!"..
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
Dude, Leave alone PR, I have a Canadian PASSPORT, this CBSA (Canada Border Services Agency) lady one day asked me "Who are you going to meet in Canada?"
I could not believe the stupidity of this woman. So, I replied "Mr. Dhurandhar Bhadvadekar"..
She waited a second to digest it, then said, "Okay..Go..!!"..
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augustus
05-12 09:18 AM
Dear All,
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
Could you please advise, if we can port eb3 to eb2.
My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.
Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?
If yes, what should we be careful about and how should we go about it?
Sincerely,
Augustus
more...
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digitalborealis
01-10 06:24 AM
Research statement? Have never heard about that one! Are you a postdoctoral research fellow?
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
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pom
10-13 08:30 AM
:P :P :P
more...
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newbie2020
04-24 12:32 PM
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Guys, if you notice the list of commitee members, You can see there are many democrats from California and many republican members from Virginia. This is an important info, We should focus on enlighting these members by flower campaign or letter campaign or maybe phone campaign, Members from California/Virginia can you talk to these representative offices or send emails..
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pra945
12-02 03:47 AM
hello all,
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
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$eeGrEeN
05-31 11:50 AM
EVERYBODY PLS PLS CONTRIBUTE....
[/COLOR]
Do the math ??? u did it for us ;)
[/COLOR]
Do the math ??? u did it for us ;)
coolmanasip
06-04 11:21 AM
I think the vote is at the end of this week......may be on Thursday or Friday......
Manasi
Manasi
paskal
07-08 08:49 PM
Any Drive in Minneapolis???
could not find one.
btw are you signed up to the state chapter (MN) ?
could not find one.
btw are you signed up to the state chapter (MN) ?
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