shishya
11-30 05:52 PM
Folks,
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
Here's my situation: Eb2 India (PD of 24th May 2006), filed 485 ONLY for self in September 2008, got married later and hence wife is not yet added to my 485 application. She is dependent H4 on my H1 visa -- so even though I have EAD, I am NOT using it.
Changing jobs now going to same title, similar job duties. The lawyers at hiring company say I can use my EAD and H1b interchangeably! And my understanding was that the moment I use EAD, my H1B is annulled. Is this not right?
Second question -- the lawyer mentions that even if my date becomes current and we can for some reason NOT get my wife's 485 application in, we can always do follow-to-join without any issues. Has someone had any experience with this. My understanding was that I NEED to make sure my wife's 485 application reaches them on the 1st of the month in which my date is becoming current.
Could someone PLEASE comment on these two questions?
Thank you much!
-Shishya
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Ann Ruben
07-17 05:16 PM
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
polapragada
09-01 12:37 AM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
Yes you ahve time. But don't wait hurry up, we need not get surprised if they change rules even....
Any way for March 2009 you have only 6 months you have so much work to do like paper adds, etc... so... All the best
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krishmunn
05-23 04:38 PM
He will be allowed since he is an American Citizen. No special requirement ... just carry his passport
more...
Michael chertoff
03-09 08:18 PM
Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,
MC
MC
dealsnet
11-16 04:16 PM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.
more...
svam77
07-24 03:13 PM
My H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...
Now my labor cert says Software Engr.
I think its not a problem but just want to make sure. My lawyer didnt even care.
Now my labor cert says Software Engr.
I think its not a problem but just want to make sure. My lawyer didnt even care.
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ozz232
09-08 10:28 AM
Thanks a bunch to all.
more...
sanju_dba
09-20 02:01 PM
not sure if moving to another state is a option...
but i can think of..
1) cancel the insurance
2) apply for another insurance effective from your return date, cancel the existing insurance.
3) take min liability only
4) see if they can suspend it for 2 months.
but i can think of..
1) cancel the insurance
2) apply for another insurance effective from your return date, cancel the existing insurance.
3) take min liability only
4) see if they can suspend it for 2 months.
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PDOCT05
11-15 05:07 PM
I am also in the similar situation.....i did resubmitted my application on NOV 1st...still waiting for receipts.
more...
RadioactveChimp
04-08 02:12 AM
hey thanks....especially from the "pixel-guru" himself ;)
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pdakwala
05-27 02:11 PM
Hey Folks,
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
I want to talk to an individual who is stuck at the Backlog elemination center. I am in touch with the reporter who is working on the story for the people who are stuck at BEC.
The topic is how would the current bill debated in the senate would affect people who are stuck at the labor process and their application is stuck at the BEC.
This is very urgent so please call me at 408 204 2200 if you are living in bay area. Please call me directly. DO NOT SENT ME A PM.
more...
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Foxy1
12-12 10:41 PM
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
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haroontabrez
04-09 02:49 PM
Mine too is LC substitution case.
EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
Last LUD: 05/21/2007
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
EB3-India-NSC-140- PD:April, 2004 - ND: 05/08/2007
Last LUD: 05/21/2007
Mine is a labor substitution filing and 140 is filed in TSC in April-2007. This case is transferred from TSC to NSC in Nov-2007. There are no LUDs after that. I have seen similar cases transferrred in November. Did anyone receive an approval/LUD in such cases ?
more...
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mbartosik
03-14 11:28 AM
service requests taking up to 60 days now and processing times 60 days behind published figures.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
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laksmi
12-06 10:57 AM
yes you can use AP, when you transfer your H1B to new company.
more...
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saravanaraj.sathya
08-22 05:55 PM
You ve 2 options:
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
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a1b2c3
08-21 11:51 AM
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Should we use this facility? Has anyone used it before? Inputs appreciated.
Should we use this facility? Has anyone used it before? Inputs appreciated.
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sk.aggarwal
10-26 10:41 AM
How long does it takes to get any thing back on FOIA request. I send over the documents a month back, havent heard anything back. Not even my position in the queue. How long does it takes?
krish2006
04-19 11:51 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.