surge
02-16 10:38 AM
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
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nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
srikondoji
11-21 07:52 AM
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
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ntpatil
04-27 10:44 AM
Yes,
And that is the reason I wanted maximum check-in luggage with no carry on, so that she does not have any hassle while traveling.
And that is the reason I wanted maximum check-in luggage with no carry on, so that she does not have any hassle while traveling.
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diptam
09-07 08:14 AM
Which company will create a new PERM and new I-140 for someone in this economy ? The chances of rejection are high , the audit chance is also hanging...
That was exactly my plan 2.5 years ago when i applied for my I-140 and I-485 in 2007 (PD is Mar '05 EB3) however USCIS approved my I-140 in Jan 2009 which was too late. The economy was already in deep recession with unemployment sky rocketing. If my I-140 approval would have come 6 months earlier ( before Lehmann broke) I would have pulled through a new PERM and new I-140.
Anyway , that's what i was destined so I didn't get I-140 in regular time frame. :)
If you can try for it that will make your GC faster.
That was exactly my plan 2.5 years ago when i applied for my I-140 and I-485 in 2007 (PD is Mar '05 EB3) however USCIS approved my I-140 in Jan 2009 which was too late. The economy was already in deep recession with unemployment sky rocketing. If my I-140 approval would have come 6 months earlier ( before Lehmann broke) I would have pulled through a new PERM and new I-140.
Anyway , that's what i was destined so I didn't get I-140 in regular time frame. :)
If you can try for it that will make your GC faster.
immilaw
09-22 11:33 AM
Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.
I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.
I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.
more...
pushkarw
12-21 01:27 PM
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dealsnet
10-09 04:40 PM
You want to take him to India permanent ?
Any family problem?
He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
Any family problem?
He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.
Hi,
Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.
Thank you!
Kav
more...
laborfd
07-27 09:47 AM
Guys,
I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.
Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/
-Vikram
Cool, good job, very useful :)
I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.
Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/
-Vikram
Cool, good job, very useful :)
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krustycat
03-09 07:26 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
more...
andy garcia
05-21 02:09 PM
Are you sure? it is going to be too much pain....
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
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sk26
04-13 05:30 PM
Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...
No, I did not recive any RFE on my wife's 485 application.
No, I did not recive any RFE on my wife's 485 application.
more...
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needhelp!
03-10 03:00 PM
What is FOIA?
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
Freedom Of Information Act
See this: http://immigrationvoice.org/forum/showthread.php?t=22037
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Texascitypaul
02-23 04:28 PM
Paul,
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
Thank you i was absolutely dreading someone telling me all was lost and i would be deported at the first opportunity.
I will certainly take your advice and try to seek the help of a professional in this area.
Thankyou very much for your help.
Paul
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
Thank you i was absolutely dreading someone telling me all was lost and i would be deported at the first opportunity.
I will certainly take your advice and try to seek the help of a professional in this area.
Thankyou very much for your help.
Paul
more...
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10-03 12:01 PM
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cagedcactus
10-31 10:58 AM
For those who are new to the forums, please contact Walking_dude to sign up for an active membership in Michigan chapter. We all need to join hands and go to work. We have core members standing behind us, ready to back us up on various issues regarding backlogs and other immigration issues.
Help us help yourselves.....
Rise now, its now or never....
Help us help yourselves.....
Rise now, its now or never....
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willIWill
07-16 01:01 PM
Thanks for the suggestions Rockstart.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
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food2006
08-11 09:58 PM
According to my knowledge both of u get should get seperate receipt copies individually for 3 different applications.
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
All,
I was wondering if the secondary applicant (Wife) will also be receiving a separate receipt numbers for her I-485, I-765 and I-131? She is currently on H4 and my lawyers told me that they received receipts only for me!!
Can some one please clarify this doubt?
I wanted to call USCIS to check the status of my wife's application. Before I call them I want to be sure enough that the dependents will also get receipt numbers.
Thanks
Raj
------------------------------
One time contribution $100
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thomachan72
03-31 03:29 PM
Congratulations!
You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?
Congrads. I have the same question. why so long? are there still people with 04 PD out there waiting? Why is it that we are seeing "card recieved" posts very rarely these days? Have they slowed issuing GC to those with PD current?
You have a Oct 04 priority date. Your date was current for quite some time. What took them so long? Did you switch from Eb3 to Eb2?
Congrads. I have the same question. why so long? are there still people with 04 PD out there waiting? Why is it that we are seeing "card recieved" posts very rarely these days? Have they slowed issuing GC to those with PD current?
ash0210
08-16 09:36 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
roseball
06-29 03:26 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
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