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l8A
10-05 10:09 AM
Need some advice from you all. I concurrently filed for me and my wife's I-485 along with EAD, AP and I-140 for each on Jan, 2007. At the time, I was on my H-1B, however, my wife's H-4 was expired as of Dec. 6, 2006. The reason for this is because I had changed jobs earlier, and the lawyers never filed for her H4 transfer. Only my H1 was transferred to the new company, and she was still on her old H-4.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
She received her EAD and AP approvals on April, 2007. I have got my I-140 approved as well. Is there going to be any problem with my wife's I-485?
So, here's the timeline:
June, 2004 - Me and wife on H1 and H4 resp., expiring on Dec., 2006
Jan, 2006 - I changed jobs, got my H1 transferred, which now expired on Oct., 2007. Wife never got her H4 transferred
Jan, 2007 - We filed concurrently for EAD, AP, 140 and 485 (Wife's H4 is already expired as of Dec. 6, 2006)
Apr, 2007 - Both me and my wife got our EAD and AP approved
July, 2007 - I got my 140 approved
Currently - waiting on our I-485
Question - Would their be a problem with my wife's 485 as she was out of status (but not illegal), when she filed for 485?
Thanks a lot.
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jackrabbit
04-11 12:21 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
kk_123
09-21 06:35 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
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good idea
10-25 11:14 AM
If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
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Green.Tech
07-18 01:39 PM
Folks,
Not to hijack the message posted by the OP, I have a question:
If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?
Anyone who has done that before? Ideas?
Not to hijack the message posted by the OP, I have a question:
If I file 485 at this time with EB-3 labor approval, can i still upgrade to EB-2 later with the same employer (after 485 has been filed). I understand that the employer will have to redo the PERM and 140 but is it doable? At what stage will I be able to port the PD from my EB-3 labor in that case?
Anyone who has done that before? Ideas?
rajpatelemail
02-12 12:37 PM
If you are running out of time to save Candian PR under 3 years out of country stay rule, then only we have to think this canda stay.
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
If you can stay here and still save candian PR for this 1.5 years, just get into the system and try out here in US. That is the best bet rather than not trying at all.
Who knows you may get Labor/I140 in this 1.5 years and may get everything well.
DOL procedures - We really do not know how serious that **Supervised Recruit** is, unless it is experienced by people.
If you loose candian PR in 6 months or so, unless you land there, then we have to think about it.
Now please give me green, as i do not have many; ;)
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samrat_bhargava_vihari
02-12 09:43 AM
http://immigrationportal.com/showthread.php?p=1607056#post1607056
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sripk
07-17 10:01 PM
Thanks Elaine for your prompt reply to my question.
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ragz4u
04-12 10:04 AM
We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers
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krishmunn
02-07 12:25 PM
There is no IT Project Manager role in flcdatacenter. There is no harm if your role says Project Manager but the wage data is based on CIS Manager (I have gone through that path). What does the Attorney say ?
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logiclife
06-20 12:48 PM
IV core members have been in media MANY times.
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
Aman Kapoor(Fox News, Washington Post), Shilpa Ghodgaonkar(Washington Post, South Asia Insider), Siva Singaram(NBC), Pratik Dakwala (FOX 2-Bay area) are just to quote a few.
None of these guys have been deported, fired, stoned or died. They are alive, well, working and proud to have been there to show up when needed.
We are legal immigrants. Even if you are illegal, you shouldnt be afraid to speak up. If legal hi-skills educated immigrants shy away from exercising constitutional rights of speaking up, then what can we say?
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seebi
03-14 01:10 AM
http://www.murthy.com/mb_pdf/030609_P.html
See under Improper Denials of I-485 AOS on Priority Date Issue
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
See under Improper Denials of I-485 AOS on Priority Date Issue
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
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skp71
05-06 10:10 AM
If that's the case why should they pre-adjudicate 485s? Lot of guys getting REFs whose PD is 2003. If USCIS wants to approve after 3-4 years, they would not preapprove 485s. That logic won't work out.
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
If you think out-off-box.... guess what? If US-govt wants to give employment-based-green card based on priority date. Then there won�t be any new immigration law in place without clearing Backlog center cases/queue and I140.
So what... As per the labor department web site, the DOL needs another 17/18 months to clear all pending labors.
I guess any new bill to become law will take another 19 to 24 months. Keep your spirit going to support the best immigration-bill.
My 2 cents.
tattoo becomin#39; a gothic lolita.
GCard_Dream
07-28 03:59 PM
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
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walking_dude
10-30 01:52 PM
WA, Bill Gates is with you.
He attended Senate Commitee hearing to help you! Read his testimony and get inspired.
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx (http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx)
He attended Senate Commitee hearing to help you! Read his testimony and get inspired.
http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx (http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx)
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rajenk
09-21 10:46 AM
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
Yes I changed job and my new company did the EB2 filing. It took roughly 9 months from starting the Ad, recruitment efforts, filing and approval.
Yes I changed job and my new company did the EB2 filing. It took roughly 9 months from starting the Ad, recruitment efforts, filing and approval.
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corba
05-19 03:19 PM
My PD is
March 2008. Labor approved on May 08 Eb3-I
I-140 applied on June 2008
Got RFE on april 2009
Replied RFE on this week.
March 2008. Labor approved on May 08 Eb3-I
I-140 applied on June 2008
Got RFE on april 2009
Replied RFE on this week.
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zulo1715
10-20 05:44 PM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
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Anil_s
07-17 03:52 PM
Hi Ari,
Can some file for H1 and L1 at the same time?
Thank You
Anil
Can some file for H1 and L1 at the same time?
Thank You
Anil
InLineOnLine
03-10 08:38 PM
Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.
Regards.
Regards.
babu123
07-27 10:55 AM
Even I forgot it. My lawyer said it is not a problem.
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