shishya
11-30 05:52 PM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
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ushkand
07-23 10:20 PM
WOW! they'll accept applications without medical examinations. Wish I had known that before sending my second app. :( Seems like USCIS is more forgiving this time around - you think the flowers had something to do with it?;)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
WaldenPond
08-29 10:04 PM
The lawyer should have received the receipt of I-140. It would be best to ask your lawyer a copy of the I-140 receipt for your record. Using the case number from the I-140 receipt notice you could check the status of your application online at:
https://egov.immigration.gov/cris/jsps/index.jsp
Hope this is useful.
https://egov.immigration.gov/cris/jsps/index.jsp
Hope this is useful.
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aquagirl
09-06 04:43 PM
I'm currently on a H-1 B visa going to India to get it stamped this Dec. What I want to know is, if I can work next year part-time for 3-5 hrs a week on another job while continuing my present full-time job too. Is this legal?
more...
aniraj
02-03 02:31 PM
My wife has a valid H4 stamp in her passport till Jun2011 while my daughter has valid H4 but no stamp in her passport. Both are visiting Canada this week end.
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)
My wife wants to re-enter on H4 as she does not have AP & my daughter wants to
re-enter on AP as she does not have stamp in her passport.
Gurus could you see any issue since they are travelling together?
(They are flying not driving)
Sirisian
08-12 11:05 PM
You need the reference. Go to the solution window (located on the right side and right click on it and select add reference). Empty project is just that, empty.
Console applications are normally the non-GUI projects. It will default and add certain references.
Just for some future information you can create class library for creating a dll with a project. Useful if you are using certain code in multiple solutions. In this way instead of including the files you just include the project and in the solution put a reference to the project and it includes the .dll (dynamic link library) file when building the solution.
Console applications are normally the non-GUI projects. It will default and add certain references.
Just for some future information you can create class library for creating a dll with a project. Useful if you are using certain code in multiple solutions. In this way instead of including the files you just include the project and in the solution put a reference to the project and it includes the .dll (dynamic link library) file when building the solution.
more...
bkarnik
11-07 11:57 AM
Any members in Iowa, please post here.
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ruby
09-24 12:29 PM
Can someone please point to official details of interfiling? My lawyer is not using it to make use of my better PD.
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jelo
02-10 10:31 AM
Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
Thanks alot for responding
Thanks alot for responding
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vselvam
12-04 01:30 PM
July�07 filer - H1-B renewal after filing I-485 (12th Year)
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.
The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
----------------------
(4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or
365 or more days have passed since the filing of an EB immigrant petition that is still pending; or
The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
-------------------------------------
I have filed my I-485 during July 2007 as like many others. My PD is March 2004
Got married after the filing and still maintaining my H1 and brought my wife on H4.
I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.
This is my 12th year H1 renewal.
6 year 2005
1 year 2006
1 year 2007
3 year 2010
Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?
Thanks
Venkat Muthusamy
more...
yogi13
06-28 10:42 AM
Thanks for taking time to answer my query. I have other problem so I am confused about this fact. My spouse's name is correct on passport. but her mother's surname has spelling mistake.All other details are correct. We were not aware of the fact till now. Now we are in the process of applying for I485.
So I am worried about all this. If I take affidavit, it will work?
Thank you
So I am worried about all this. If I take affidavit, it will work?
Thank you
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mbartosik
04-01 11:30 PM
This is from USCIS point of view. So they include all categories of I485 -- most will probably be family based. The I140 is exclusive to EB class. Of course USCIS does not publish stats that we would find really useful, even their process dates are works of fiction (or at least not totally accurate).
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bugsbunny
04-05 06:14 PM
I never entered the US in the first place.
You can try to move existing visa to the new employer if it has not been revoked by the employer. If you are not working for them...they are supposed to revoke it.
The process for moving to a new employer with existing visa is almost the same as applying for a new one except that you are not subject to the annual cap of 65K
Considering that you have the old employer stamped on your visa...it will cause confusion at the airport or POE and they might send you back
Its better to file a new application since you are not in the US
You can try to move existing visa to the new employer if it has not been revoked by the employer. If you are not working for them...they are supposed to revoke it.
The process for moving to a new employer with existing visa is almost the same as applying for a new one except that you are not subject to the annual cap of 65K
Considering that you have the old employer stamped on your visa...it will cause confusion at the airport or POE and they might send you back
Its better to file a new application since you are not in the US
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rajeshpatl
09-10 11:52 AM
Hi,
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
I am working on H1B visa since 2006 and my parents got an green card 7 month back. they are here in us and planning to stay here permanently, my question is.
after 4 years when they get a citizenship, if they file I-130 (familybased GC) for me and my family and I will be still is US on H1B, can I directly file for adjustment of status or I need to wait till my date will be current?
please reply.
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rhlsur
05-06 08:23 PM
I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
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mkr_s05
03-28 08:13 PM
Was there any transfer after 140 is filed ?
Eb3
Eb3
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vnsriv
11-14 11:52 AM
Hello everyone,
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
Google it
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
Google it
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markeh
10-13 07:03 AM
doh! maybe i'll have better luck with windows mobile 7
thanks for the reply :tini:
thanks for the reply :tini:
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elusive
10-14 12:31 PM
I went to Toronto , that was august 2008.
1) he just asked which school i studied when I was in F-1
2) who is your employer.
3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
4) he looked into my previous 797 to verify whther I was out of status any time which I was not
5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...
I dont know whether I have to go thorugh that issues again when I go for stamping...
1) he just asked which school i studied when I was in F-1
2) who is your employer.
3) why did you leave studies-- I said I got a good opportunity and I am close to finish it soon.
4) he looked into my previous 797 to verify whther I was out of status any time which I was not
5) Then he said the unofortunately you have a very common last name so we he gave the a sheet , kept the original 797 and gave my passport back to me...took 6months before I got email .. went back and got the visa...
I dont know whether I have to go thorugh that issues again when I go for stamping...
Waitingnvain
07-18 04:02 PM
It does not.
eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
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