chanduv23
09-15 04:22 PM
Bump
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sac-r-ten
01-11 08:57 PM
If issue arises with I485 while i EAD, that would a big headache of replying RFE or opening MTR etc in timely fashion. EAD/AP stand cancelled if 485 is denied.
abc
09-07 06:51 PM
Put the year also to get an idea.
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apoojo
08-23 11:09 PM
I had a quick question to add to this....
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
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rvurady14
04-13 02:24 PM
Congratulations!
senthil1
05-07 12:42 AM
Sen Sessions is not only person who is opposing Cir/skil.There are many people in the Senate are opposing. Everyone knows that congress is evenly divided on immigration. But 10 Senators can make a big difference if some compromise bill is introduced. So anything can happen in next 2 months in immigration. Sometimes short time is advantage as they may pass bill in a hurry and lot of provisions may be passed without big visiblity.
No one can predict at this point of time. The optimism
is thinning every day. So far nobody could come up
with anything that is agreeable.
Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....
So my friend I'm scared to hope on immi
sector. Good luck to you
-babu
No one can predict at this point of time. The optimism
is thinning every day. So far nobody could come up
with anything that is agreeable.
Our best friend Sen. Sessions is trying his best
to distroy any bill. Now he is trying to propose and
implement a point based system. Who know when
the point base system is ready for discussion he
will propose a DNA based system....
So my friend I'm scared to hope on immi
sector. Good luck to you
-babu
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lj_rr
07-30 10:24 AM
This is what the FAQ says
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
Please see Q5 & Q6:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Also FAQ2 for your reference:
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
"Q5: Where should employment-based adjustment applications be filed?
A5. Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007."
Though it says Nebraska Service Center or the Texas Service Center there is also an additional clause "Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007". ANd according to that update CA residents should file at Nebraska.
This is what is confusing me.
Please see Q5 & Q6:
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Also FAQ2 for your reference:
http://www.uscis.gov/files/pressrelease/FAQ2.pdf
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CRAZYMONK
07-20 02:47 PM
ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
I don't think your revoked I140 will pose any problems as your MTR is accepted.
Filing your H1b and what documents to be included will be taken care by your attorney.
I think you should be OK. Any way all the best
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rajnag21
07-22 09:09 PM
Hi,
Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
Correct me if im wrong and add any info that you may feel is relevant..
Anxiously waiting for reply
Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
Correct me if im wrong and add any info that you may feel is relevant..
Anxiously waiting for reply
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meridiani.planum
06-04 12:44 PM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
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LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
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lyiu18
02-23 08:10 AM
good to know, thx.
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guesswho
10-23 08:09 PM
Anyone going to Nogales for visa, I would suggest reading my exp:
http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
http://immigrationvoice.org/forum/showthread.php?p=208797#post208797
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amoschid
07-18 04:01 PM
thanks for the answer buddy
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
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kumsoft
08-20 07:51 PM
i am july 2nd filer with PD Sept 2005.
I-140 approved in March 2006
I-140 approved in March 2006
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a_yaja
10-07 01:47 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
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HRPRO
02-10 09:29 AM
Dude Really?
LA and Bay Area in the same county?
LA and Bay Area in the same county?
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nomad
08-23 11:33 PM
I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?
Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).
Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).
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kk_2000
11-06 08:54 PM
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
clockwork
07-18 09:52 PM
Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
StuckInTheMuck
03-09 09:50 AM
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
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