meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
yabadaba
10-17 02:58 PM
commute from il to texas/leave ur wife behind/continue paying rent on ur apt and ask a friend to keep an eye out for ur receipts
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
ash0210
06-28 04:10 PM
India's independence day Aug-15-1945...
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
eager_immi
07-18 10:57 AM
Let us all pledge to give atleast a $20, $50 monthly payments.
more...
meridiani.planum
07-19 04:36 PM
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.
arihant
10-26 09:37 AM
I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.
more...
sk2006
07-14 10:48 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
seekerofpeace
07-20 08:12 AM
I asked my lawyer specifically about this W2/bank statement/tax forms etc...All he needed was a employment verification letter.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
more...
jasmin45
02-26 10:55 AM
Congratulations on your GC. Yes, tell your sister to send you the GC by mail. Once you get it, you can get back into the U.S. using your GC. I know few people who have done this. Good luck.
The above said is correct only if you have an approved AP with you.
The above said is correct only if you have an approved AP with you.
sr123
02-11 10:13 AM
As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
more...
clif
06-12 07:56 AM
If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
SAPGURU
07-13 09:04 PM
I was searching on internet and this is what i found on Murthy.com.
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Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
more...
smmakani
05-14 07:20 PM
Thanks IV Core. We are all with you.
maverick_joe
02-12 03:25 PM
gc_bulgaria, whos is the primary on your application? you or your spouse?and who falls under ROW?
These are the following I used on top of the stupid cover letter that I am sure they dont see.
1. Talk to Congressman's office
2. Letters and faxes to USCIS
3. AILA liason (through your lawyer).
In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.
These are the following I used on top of the stupid cover letter that I am sure they dont see.
1. Talk to Congressman's office
2. Letters and faxes to USCIS
3. AILA liason (through your lawyer).
In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.
more...
enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
dval_dpal
12-27 02:21 PM
hello guys...
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
more...
neelu
01-02 02:34 PM
Please anyone.........help me.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
pmb76
07-22 03:54 PM
Trance - Indeed a tough call. I've been in the US 12 years now. I chose my career over the GC and have learnt a lot, have a great job but no GC yet.
Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.
Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.
tampacoolie
07-09 12:46 PM
Upgraded to PP on 06/27 and received RFE on 07/06 ability to pay.
mzdial
March 15th, 2004, 11:09 PM
Yeah.. the quality is so bad -- I'm wondering how this is possible, right now at least. They would have to be space invader to get a pic that would be readable. I'm chalking this up to media spin to make people panic.
-- Matt
-- Matt
jsb
10-30 04:01 PM
I have future GC filed from Company X, the priority date is February 2006.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.
I am currently working for Company Y on H1B. This H1B will expire in April 2009. Company Y is also ready to file my GC and I would like to work with Company Y till by future GC is approved, my question is if I have already filed for 485, EAD and AP through Company X, scenario will it be advisable to file another labour and I-140 through Company Y now?
What could be the implications?
It is advisable if work at Y is significantly different than what is in LC filed at X. There is no other negative impact of that, other than filing fees. If Y is willing to file for your LC go for it. That way you are not restricted by rules of AC21. There is no limit on how many I-140 or LC's you can have.
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