sangmami
07-17 02:06 PM
Just Posted
Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
saw in aila...any details
Update (Such As It Is) on the Visa Bulletin Debacle (Updated 2pm)
saw in aila...any details
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apahilaj
09-24 03:30 PM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
martinvisalaw
07-20 02:02 PM
Hi,
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
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vikramy
06-26 08:57 AM
Your Lawyer for sure gets it. You will get a copy of it. (I think you will get only if it is medical or any personal).
I got RFE recently. Both my wife and lawyer got notice.
Hi,
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
I got RFE recently. Both my wife and lawyer got notice.
Hi,
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
more...
sdrblr
11-30 03:45 PM
You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.
gcpool
04-18 06:49 PM
http://www.myvisajobs.com/
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cox
February 3rd, 2005, 01:06 AM
I agree with Anders. Diagonals are always a nice draw for the eye. Also, a little more DoF would be nice because the bottom right of the leaf is just creeping out of the focal plane. Cool leaf texture, good choice of subject.
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resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
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needhelp!
11-12 06:29 PM
Sent.
All, please do this. Lets stop this trend before it comes and bites all of us.
All, please do this. Lets stop this trend before it comes and bites all of us.
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nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
more...
rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
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donsimahajan
06-22 09:27 AM
totally agreed.
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nixstor
09-02 05:45 PM
Great! Thanks for updating every one.
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satishku_2000
06-13 10:58 PM
depends on your PD?
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meridiani.planum
12-14 05:49 PM
Our AP saga got its final miracle today. (at least I think it’s the final one…) Though my spouse’s and daughter's AP were finally got approved yesterday, the miracle is that TSC has decided to expedite and overnight them, based on a fax from my father-in-law’s doctor.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS…..…and overnight-ing them!
Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.
Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake… the overnight-ing….
After a season of dryness, it doesn't just rain, it pours!
write to the ombudsman. So much circus for an AP? When you applied 5 months ago!!
oh, and congrats on getting your AP in time for your travel plans.
The very nice lady IO at SF INS office this morning asked for our telephone numbers, and then followed up and called us on our cell phone to confirm that TSC is expediting the APS…..…and overnight-ing them!
Prior to this last miracle the journey was choppy.
We are to leave for India on Dec 26th... ..the APs were e-filed on July 12 to give TSC enough time.
Because nothing seemed to be happening I faxed TSC director (no use), another fax at TSC (not much use), made friends with a TSC rep...(great) got in touch with my Congressman George MIller's office..(fantastic), leading to the approval yesterday and then today comes the icing on the cake… the overnight-ing….
After a season of dryness, it doesn't just rain, it pours!
write to the ombudsman. So much circus for an AP? When you applied 5 months ago!!
oh, and congrats on getting your AP in time for your travel plans.
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PD_Dec2002
08-16 08:16 PM
But it is too late now :(
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
Well, thankfully, you are EB2 so you won't have to wait long.
Good luck!
Thanks,
Jayant
more...
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sdckkbc
02-03 02:36 PM
I just finished completing the online DS 10 form. I was expecting to answer to question
�Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?� but it didn�t ask me this. My I-140 is approved and I am in 7th year of H1B so was going to answer �Yes� to it.
Has this question been removed from DS-160?
�Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?� but it didn�t ask me this. My I-140 is approved and I am in 7th year of H1B so was going to answer �Yes� to it.
Has this question been removed from DS-160?
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B+ve
04-09 08:55 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
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Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
andyny73
12-08 08:37 PM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
pd_recapturing
04-21 11:26 AM
I am also in same situation where my salary is much less than what is mentioned in LC. I am not sure if its going to affect my 485 application. I have got my 140 approved though. I have asked this question to attorneys and forums and everybody has the same opinion that GC is for future job so it should not matter if one's wages are not matching with LC.
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