guest1978
05-13 10:08 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
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gcslave
07-08 05:30 PM
I didn't get an email, but I checked my case status online and it has changed to Decision today. Waiting to get the snail mail. Hopefully, it will move to card production ordered soon. My wife has a FP appt on Jul 15, so I wasn't expecting to get approval before that, but I guess sometimes the surprises are pleasant.
PD - Mar 21, 2005
PD - Mar 21, 2005
GotGC??
02-25 08:30 PM
Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485
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AllIzzWell
05-03 04:13 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
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sunny1000
03-28 01:06 AM
Hi all,
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.
1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.
2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?
I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.
You can use your AP for travel and come in as a Parolee even if you are not working.
Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.
Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.
Good luck with your travel.
arnet
09-08 01:13 PM
My wife and I returned one time from India to US exactly 2 days before visa expiry. we had new visa approval notice but didnt have new visa stamping in passport.
This is not reqd but if you want, you can send her your scanned copy of H1/H4 receipt notice, just incase to show that you both filed for extension if anyone ask for it. In general, send her scanned (or fax) your current employment letter to show that you are currently working here in US.
good luck:)
This is not reqd but if you want, you can send her your scanned copy of H1/H4 receipt notice, just incase to show that you both filed for extension if anyone ask for it. In general, send her scanned (or fax) your current employment letter to show that you are currently working here in US.
good luck:)
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pbuckeye
10-13 11:14 AM
I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.
What should I send from her?
A letter from her (& you) inviting her parents addressed to them and to the consulate.
If she isnt working, all the other sponsorship documents have to come from you.
If you google this, you will get a ton of information on the specifics (forms and supporting documents).
Good luck :rolleyes:
What should I send from her?
A letter from her (& you) inviting her parents addressed to them and to the consulate.
If she isnt working, all the other sponsorship documents have to come from you.
If you google this, you will get a ton of information on the specifics (forms and supporting documents).
Good luck :rolleyes:
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eb3retro
03-05 04:18 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.
this is exactly the reason we ask you all to update the profile, this will get you correct answers from all of us. update your profile.
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.
this is exactly the reason we ask you all to update the profile, this will get you correct answers from all of us. update your profile.
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perm2gc
09-06 01:07 PM
Her petetion is filed in May. And she travelled out of USA last month. So you need to do is to start working and get a visa stamp of H1 when you go out of the country. Can you please stop advertising on the board about your company..
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Dipika
03-26 05:06 PM
i'm in same situation. Lawyer said filing I-130 is not considered as another GC application. it's just petition and doesn't affect EB processing. even we don't need to mention it in EB I-485. both are seperate things.
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(
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dohko
04-07 09:59 AM
How long will it take to get a green card in this category with a PD in 2008?
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
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Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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OLDMONK
07-23 05:53 PM
My lawyer explicity told "NOT" to flipflop wven without me asking.
Same here. My lawyer specified NO "flip top". Does it matter, I guess not.
Same here. My lawyer specified NO "flip top". Does it matter, I guess not.
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achu
08-06 04:51 PM
thanks for the information.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
any form do I need to submit to USCIS in the above case? and what is N-400 is it related to citizenship?
regards,
achu.
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gondalguru
07-08 08:16 PM
Depends on whether your I-140 is approved or still pending.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
Here what I think.
Lets assume your I-140 is approved.
Remember GC is based on future employment.
Now if AILF wins lawsuite and USCIS accept your application you will get receipt date of July 2007. Your I-485 is not going to get processed in 6 months. It is surely not going to get adjudicated in 6 months. By Jan - Feb 2008 you will be able to invoke AC21 and change your intent and still be able to get your I-485 adjudicated. This all you can do working for a company other than the one who filed your I-140 / 485.
Only risk here is that if USCIS processes your case in first 6 months and send you a RFE for a current Employment verification letter / paystubs. But again chances of this thing happening is rare and remote given the numbers of I-485 petitions they will receive in July 2007.
my 2 cents.
This is my personal opinion and Its always better to get an advise from a good immigration lawyer.
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rockstart
02-28 03:35 PM
For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. Again for best advise contact international center they are supposed to guide you to keep your status legal.
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kaisersose
07-17 09:35 PM
Your lawyer is correct and so you are fine. There is no requirement that 140 has to be complete to apply for 485 even in substitution cases. People just choose to do it that way as substitution is slightly risky.
However, as long as you have a solid case, there is nothing to worry.
However, as long as you have a solid case, there is nothing to worry.
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satishbsk
10-26 12:47 AM
Hi!
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.
Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.
Within what time line i need to apply for the same.
Thanks,
SV
If you need to switch employer you should be on valid H1 status with SSN and have paystubs from current employer for safe side.
Pl consult good immi lawyer for best advice/lawyer of new employer.
Satish
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SoCal
My H1B was filed on April 1st 2007 at Vermont Service Center while i was in India and got selected in the lottery. I came to US on May 13th on H4 visa (I 94 valid till July 18, 2008) and still my papers were under process.
On June 1st, 2007 the approval notice was sent to my employer.
Oct 1st, 2007 they applied for my change of status and on 19th it was returned back as a check for 500$ was not included.
Kindly let me know if we could go for a H1B Transfer and change of status simultaneously with a new employer.
Within what time line i need to apply for the same.
Thanks,
SV
If you need to switch employer you should be on valid H1 status with SSN and have paystubs from current employer for safe side.
Pl consult good immi lawyer for best advice/lawyer of new employer.
Satish
$360 Contributed sofar
SoCal
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needhelp!
01-14 09:42 AM
Thanks sunny. Donated at American Red Cross site. Urge you all to do the same.
number30
04-21 12:59 PM
Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
It is Consular Processing
Is it EB based?
Sheela Murthy has office in Chennai. But if you ask me you do not need attorney.
Otherwise you can get an attorney here. Most of the paper work is done here. All you need to do is to take packet for the interview.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
It is Consular Processing
Is it EB based?
Sheela Murthy has office in Chennai. But if you ask me you do not need attorney.
Otherwise you can get an attorney here. Most of the paper work is done here. All you need to do is to take packet for the interview.
Abacus101
05-12 07:48 AM
I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.
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