roopamadhu2004
03-14 12:45 PM
Employer 1(Very small company and doesn't exist anymore):
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
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hcard
05-21 09:25 AM
Senate Floor to Start Debating the Emergency Iraq War Supplemental Spending Bill This Morning
As reported earlier, the immigrant community has a huge stake at this bill because of the immigration bill amendments attached to this bill by the Senate Appropriations Committee. The Democratic leadership intends to push this legislative bill and pass it before they go into a Memorial holiday break. There are two challenges ahead for this legislation. One is the right wing Republican Senators who declared their plan to engage in a cat-and-dog fight against this bill, particularly AgJOBS bill of Senator Feinstein which they consider an amnesty bill. The drama of confrontation between the Democratic majority and the Republican minority will unfold in the form of cloture motion to be pushed by the Democrats and the Repulicans attempt to block the motion and to introduce amendments to kill the controvertial amendments. We do not know how Sen. Ted Kennedy's hospitalization will affect in the drama. As people know it, Sen. Kennedy is diagnosed with a brain tumor and his availability in the Senate floor activities remains open at this point. Aside from this challenge, there is another challenge ahead on the other side in the Beltway. It is the White House. Reportedly, President Bush has expressed his intention to veto this bill because of the conditions attached to this bill on the Iraq War. We should hold breath for the next 10 days to watch how all of the drama will unfold and in what way, the curtain will pull down.
http://www.immigration-law.com/Canada.html
As reported earlier, the immigrant community has a huge stake at this bill because of the immigration bill amendments attached to this bill by the Senate Appropriations Committee. The Democratic leadership intends to push this legislative bill and pass it before they go into a Memorial holiday break. There are two challenges ahead for this legislation. One is the right wing Republican Senators who declared their plan to engage in a cat-and-dog fight against this bill, particularly AgJOBS bill of Senator Feinstein which they consider an amnesty bill. The drama of confrontation between the Democratic majority and the Republican minority will unfold in the form of cloture motion to be pushed by the Democrats and the Repulicans attempt to block the motion and to introduce amendments to kill the controvertial amendments. We do not know how Sen. Ted Kennedy's hospitalization will affect in the drama. As people know it, Sen. Kennedy is diagnosed with a brain tumor and his availability in the Senate floor activities remains open at this point. Aside from this challenge, there is another challenge ahead on the other side in the Beltway. It is the White House. Reportedly, President Bush has expressed his intention to veto this bill because of the conditions attached to this bill on the Iraq War. We should hold breath for the next 10 days to watch how all of the drama will unfold and in what way, the curtain will pull down.
http://www.immigration-law.com/Canada.html
pasupuleti
03-06 11:10 PM
http://www.isnamerica.org
There is nothing going on with isnamerica.
There is nothing going on with isnamerica.
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db_greencard
02-12 12:10 PM
I might look into AC21 lawyer representation. Can someone suggest a good lawyer in Chicago for this,
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Ann Ruben
01-12 06:33 PM
Yes, it is legal and possible to hold multiple H-1's with both non-profit and for profit employers.
waitin_toolong
02-05 12:01 PM
the fact that you move using AC21 and use EAD for work nullifies your H1 immediately and the dependents lose H4. even the date on I-94 becomes meaningless.
you will have to renew your EAD for work and AP for travel.
The fact that your I-485 is pending is all that is needed to keep you legal. But if for any reason I-485 is denied you will be out-of-status.
you will have to renew your EAD for work and AP for travel.
The fact that your I-485 is pending is all that is needed to keep you legal. But if for any reason I-485 is denied you will be out-of-status.
more...
gc_bulgaria
10-02 11:29 AM
:(
Infact most questions answered in the call are not in the post. Did I miss something?
Infact most questions answered in the call are not in the post. Did I miss something?
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rajeshalex
06-08 10:25 AM
I would suggest to plan in 3 months advance so that you can send all the documents from usa, prepare documents in India and planning the trip.
If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.
Rajesh
If anyone needs a B1 visa frequently asked questions and answers pls send me a PM.
Rajesh
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krishna_brc
07-10 08:54 AM
Did you get an answer from your attorney?
yes please let us know
yes please let us know
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bbct
02-20 12:58 PM
TSC processing times for Feb is out.
I-485 has advanced to 18th July 07.
https://egov.uscis.gov/cris/processTimesDisplay.do?type=serviceCenter
NSC says 4 months. What does this mean?
I-485 ------ Application to Register Permanent Residence or to Adjust Status ------ Employment-based adjustment applications ------ 4 Months
I-485 has advanced to 18th July 07.
https://egov.uscis.gov/cris/processTimesDisplay.do?type=serviceCenter
NSC says 4 months. What does this mean?
I-485 ------ Application to Register Permanent Residence or to Adjust Status ------ Employment-based adjustment applications ------ 4 Months
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dcrtrv27
08-07 01:24 PM
Is WOM is the quicker solution?
I understand that it may take years to conclude....!!!
Anybody had got success with WOM?
I understand that it may take years to conclude....!!!
Anybody had got success with WOM?
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skp71
05-29 05:42 PM
Today I got CODE 1 FP notice, is this a positive sign?
I requested(May 02nd) USCIS to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current.
I requested(May 02nd) USCIS to approve my case using "Cross-Chargeability", since my wife was born in non-retro country. But from June 01st, my PD (India) also becomes current.
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syendu1
06-21 10:26 AM
According to my lawyer, it is not needed!!
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ameryki
04-16 07:59 PM
I am planning to use AC21 to change employers. I signed G28 to allow the attorney for my current employer to represent me before USCIS. Since I signed G28, is it possible for my current employer to withdraw my I-485 application?
Please advise on this...
If I am not mistaken your 485 cannot be withdrawn by your employer after 180 days but they can withdraw your 140 which should not matter after 180 days. I am sure the pro's here will be able to confirm this.
Please advise on this...
If I am not mistaken your 485 cannot be withdrawn by your employer after 180 days but they can withdraw your 140 which should not matter after 180 days. I am sure the pro's here will be able to confirm this.
more...
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uimv
02-17 01:40 PM
Thanks. AOS.
I spoke to a laywer who said "Generally several months. Minimum 2 months".
I spoke to a laywer who said "Generally several months. Minimum 2 months".
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MetteBB
05-11 01:44 AM
2nd stamp renovation:
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ganip
11-27 03:59 PM
I am planning to to go to India next year my visa expired in 2004,since my AP is approved i am planning to go for H1B visa stamping in India if in case the H1B visa is rejected can we come back to US using AP.
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gcwait2007
06-30 12:07 AM
I have similar issue and spoke to my Immig Attorney, who advised me as follows-
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
(1) In order to maintain your resident alien status, you should be in USA more than 181 days, in other words it is adviseable to stay less than 180 days outside USA.
(2) It is adviseable that you return to USA, ASAP, once you get CRIS email that GC approval has been provided.
(3) I believe you are going to use AP. You would prepare your I-94 card at the POA and the POA officer would ask you where you are employed before putting stamp on I-94. Be prepared to answer that question. Most likely 99%, the POE IO will not ask any proof. However, it is adviseable to have a current job (sort of Employment Verification Letter) and leave letter approval.
All the best.
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milind70
07-08 05:49 PM
I'm getting a visa stamping date in Kolkata embassy but I'm from New Delhi. I dont want to take a chance and wait till the dates in New Delhi embassy are available. Can I schedule interview in Kolkata and later when dates become available in New Delhi change it ? I mean can I change the venue of my appointment ?
Thanks,
Ashish
I was in a similar situation last year.I had stamped my intial H1 stamps from Mumbai and Chennai. Last year in June i booked my appointment with New Delhi Embassy for stamping in Sept end when i was to be in India. i think appointments were a major issue at that point of time. Returning workers can apply for visa stamp at any consulate/embassy .
Thanks,
Ashish
I was in a similar situation last year.I had stamped my intial H1 stamps from Mumbai and Chennai. Last year in June i booked my appointment with New Delhi Embassy for stamping in Sept end when i was to be in India. i think appointments were a major issue at that point of time. Returning workers can apply for visa stamp at any consulate/embassy .
rockstart
10-27 03:29 PM
May be they should take some load off TSC and pre-adjudicate the remaining 485 applications.
rajiv404
12-09 06:11 PM
I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
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