BondJ
03-16 01:58 PM
I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.
Thanks.
Thanks.
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desi3933
03-05 04:15 PM
Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.
imhrb
01-06 07:24 PM
I have called them many times and did everything possible.
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chnaveen
09-10 04:28 PM
Guys,
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).
It is always better to carry AP, in case if no AP, then No need to worry if it is a small duration since the GC is approved.
Even one can enter on valid H1 VISA when his/her own GC is approved as long as the duration between the GC approval and the date of Entry in USA is not too big. couple of weeks of duration is also fine.
I have confirmed this back in 2004 with couple of attorneys including Rajiv Khanna (ImmigationPortal.com).
more...
waitin_toolong
02-08 08:29 AM
first of all EAD is not a status just a work authorization.
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
If you do not get H1 transferred before you lose your job you automatically fall on to AOS pending status and I-485 keeps you legal.
If you find an employer later to sponsor H1 ypu just file for H1 transfer and can start work using EAd and the day the H1 approval comes you move to H1. There is no need to move to H4 in the interim.
You dont have to inform USCIS about using EAD to work. The I-9 that you file with employer takes care of that.
If you have not completed 6 years on H1 you will not be subjected to cap
90210
03-28 05:41 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
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gc_check
11-26 06:47 PM
Yes, the number will be the same.
Just want to confirm if both needs to be surrendered
Just want to confirm if both needs to be surrendered
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godbless
06-25 05:32 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
is it true guys ??
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validIV
02-04 12:57 PM
Yea now I see your problem. When I applied for my F-1, my parents had not yet filed their I-140. Yours, on the other hand, has already been approved.
The worst thing that I can think of is changing status to F-1 is denied.
The worst thing that I can think of is changing status to F-1 is denied.
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LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
more...
imh1b
05-19 09:37 AM
The design is good. Has the cost of Greencard also gone up for new applicants?
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kumar4875
04-08 08:39 AM
I am in.I am on oncall support next week.(11to17).so any time after that will be good.
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waitin_toolong
07-18 07:25 PM
you are correct .
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
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xyz
06-17 07:22 PM
Should you get immunizations done *before* you met the Dr?
If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.
If you have immunization records, you need to present to the Doctor. If you do not have records, Doctor will administer certain vaccines or will request blood work to test for the immunity against certain diseases such as Vericella, MMR, etc.
more...
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rama0083
10-08 04:21 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?
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webm
02-17 04:36 PM
Which Indian consulate is this??
more...
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lord_labaku
09-22 03:56 PM
Your existing PERM is ok as long the acquiring company (successor in interest) keeps you in the same job (almost same job) with similar duties in the same location ( I am not sure exactly on location though it would make sense)
Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.
Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)
Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.
Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)
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sbmallik
05-06 05:05 PM
Generally an I-485 applicant can stay abroad till the Advanced Parole remains valid. In your case the best bet is to change the pending I-485 case to consular processing.
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tammman
11-11 11:08 PM
I have to renew my passport since it is expiring next month.
What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
I was preparing to use the same as that of GC process, 2inch x 2inch
but now I need to check this out...
DOES ANYONE KNOW IF WE NEED TO TAKE A PREPAID POSTAGE ENVELOPE ? even if u attending in person..
I'm going to SFO counsulate
What is the specification for the passport photo? It it 2inch x 2inch or
is it 3.5cm by 3.5cm
I was preparing to use the same as that of GC process, 2inch x 2inch
but now I need to check this out...
DOES ANYONE KNOW IF WE NEED TO TAKE A PREPAID POSTAGE ENVELOPE ? even if u attending in person..
I'm going to SFO counsulate
pmamp
12-22 09:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
go_guy123
11-09 09:41 AM
Wasn't Stuart Anderson the lobbiest whom ISN back in 2000 hired to lobby for AC21 ?