updsoft
09-23 10:31 PM
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deardar
06-18 04:05 PM
Hello ,
We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.
Do I have to fill out a seperate I-485 form for her ?
Do I have to fill out a seperate I-765 form for her ?
Do I have to fill out a seperate I-131 form for her?
Do I have to fill out a seperate G-325 form for her ?
Do I have to file the support affidavit(I-864) for her ?
Please do take time to answer .
Thanks
We both husband and wife are on H1 B's and working and her six years will be completed 2 yrs from today.
My wife does not plan to start her GC with her employer and now I want to include her when filing I-485.
Do I have to fill out a seperate I-485 form for her ?
Do I have to fill out a seperate I-765 form for her ?
Do I have to fill out a seperate I-131 form for her?
Do I have to fill out a seperate G-325 form for her ?
Do I have to file the support affidavit(I-864) for her ?
Please do take time to answer .
Thanks
cableman
11-20 01:46 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
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alterego
12-03 12:23 AM
Yeah but why LUDs on a Sunday?
Lots of weird stuff. Perhaps something automated.
Lots of weird stuff. Perhaps something automated.
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kaisersose
07-17 01:28 PM
Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.
venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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sanju_dba
09-20 03:24 PM
increase collision deductible and keep comprehensive in case of break ins etc
Break ins will hit Comprehensive not collision.
Break ins will hit Comprehensive not collision.
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venkatpuli
07-19 11:02 PM
Please reply
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akr_roy
09-21 11:13 AM
I received the receipts and FP notice. Waiting for EAD/AP.
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RD: 24th July 2007 TSC
ND: 12th Sep 2007 TSC
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bugsbunny
04-04 04:14 PM
yeah there is no grace period...and am not sure you can transfer after it has been revoked
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
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garson
02-18 10:17 AM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
How about US? Would US adopt this?
G.
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gc_nebraska
01-08 02:53 PM
Nope ! EB-2 India
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bhlpimmi
10-08 10:41 PM
Thanks for starting this thread, its unlucky and frustu..
9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis
9/15/07(RND),missing i-140(reason),uscis fault,9/26/07(resubmitted),no response,waiting for action from uscis
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ValleyCoolie
02-14 06:20 PM
Here is my suggestion:
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
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Aura M.
01-23 08:44 AM
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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Roger Binny
02-09 03:55 AM
Sorry to hear the situation.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
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veni001
07-20 05:57 PM
Since the current job requirement is bachelor, your employer can not file GC in EB2.:o
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
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new_horizon
07-14 06:43 PM
I had an EAD (OPT) soon after I completed school in 1999 and after that I switched to H1B. I am now considering filing an EAD: Should I file a New or a Renewal EAD? Thanks.
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chanduv23
09-20 11:33 AM
If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.
HTH,
I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.
I did not have any issues anywhere.
For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return
HTH,
I travelled after 485, got h1b stamping , came baack and recently my checks also got cashed and am looking for the Reciept Notice also.
I did not have any issues anywhere.
For FP - you just have to make sure someone is checking ur mailbox so that you will know when FP date comes, and you can postphone FP to a later date when you return
tinamatthew
07-18 03:50 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
That's right, premium processing has been suspended. Yes it is true i-485 is not touched until i-140 is approved, but they will process EAD and AP. They just cannot decide the i-485 BCOS it is based on an immigrant petition. IF the immigrant petition has not been decided, they cannot do anything about the i-485. Hope this helps
siravi
09-25 07:57 AM
Good opportunity for you to voice your questions, seek clarifications, and importantly, share you ideas and suggestions for future action items! Look forward to hearing from new tristate members as well as the old timers!
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