Sunday, June 12, 2011

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  • IV2007
    06-25 12:06 PM
    Guys,

    My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.

    What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?

    We have planned for H1 stamping back in India while she's on vacation.

    here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??

    Any Suggestions or gyan on this !!!

    -shree




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  • my2cents
    06-16 04:27 PM
    [QUOTE=das0]Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    NO, I-485 doesn't cancel anything. H1b is approved for her sponsored by company. Basically it is status you need to maintain

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    Yes. i believe she can work on EAD during that period, she is in 485 pending status. and she can switch back to H1b. I-9 form needs to be updated accordingly.

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks




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  • rajivkane
    05-21 09:52 AM
    HI!

    I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?

    Some more :

    Murhy.com has following:

    "However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"

    Some of the questions based on above:
    (1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
    (2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
    (3)Why only NSC requires this? Is this law or someone's whim?
    (4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.

    Please guide.

    Regards,

    Raj




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  • maxy
    04-28 09:43 AM
    this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?



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  • lutherpraveen
    09-19 06:42 PM
    This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
    It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
    My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
    It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
    I am sure we will achieve that goal with the progress IV is making in that area.

    How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."




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  • gdilla
    07-29 02:44 PM
    Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

    This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat



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  • singhsa3
    07-12 10:36 AM
    http://boards.immigration.com/showthread.php?p=1724866#post1724866




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  • monicasgupta
    12-31 10:32 AM
    Dear friends,

    My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
    My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?

    Thanks
    MOnica



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  • immi2006
    05-03 08:18 PM
    Folks,

    I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

    It appears on rough estimates :

    2005
    EB1 - 4000
    EB2 - 26000
    EB3 - 39000
    2004
    EB1 - 5500
    EB2 - 32000
    Eb3 - 36000




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  • naushit
    05-22 04:02 PM
    My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?



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  • Soltan
    05-06 08:03 PM
    Soltan
    But you cannot directly use the old 140 for filing a new 485

    Krishmunn, thanks for your reply. I understand that I have to apply labor and I140 again. But my question was how do I port the priority date when I do not have the approved copy of my I140 with me. What if the old employer cancels my i140?

    All I have is the old i140 receipt and the receipt number online shows approved status.

    Thanks




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  • ksairi
    08-17 04:47 PM
    See all of you in rally !.



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  • PavanV
    09-06 02:28 PM
    Boss,
    Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
    (Satire included :))

    Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.




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  • conundrum
    03-25 08:41 PM
    Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .

    But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.



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  • stupendousman11
    08-22 01:14 PM
    EB2 India from NC.

    Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.




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  • raju6855
    02-02 09:33 AM
    Thx for your reply.

    But this wasn't told to me (us) by my company's hr, I guess I got to check that advise for second opinion.



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  • solaris27
    02-11 09:07 AM
    In this forum you will not find a lot of peoples who won lottery .

    but is my personal openion that you can't use your lottery case priority date for your eb3 case?




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  • chanduv23
    04-22 11:58 AM
    There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.

    A denial can happen when RFEs are not responded in time.

    From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.

    If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee




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  • OlgaJ
    February 16th, 2004, 08:28 AM
    I don't know about the wide angle lenses, but I don't think that would help that much in the dof problem you have.

    Use this DOF calculator for your camera:

    http://dfleming.ameranet.com/dofjs.html

    The Sony at 38mm 12 inches away at f8 give you a near of of 11.8 and a far of 12.1. At 28mm 12 inches away you can get a near of 11.7 and far of 12.3.

    If you play a bit with the calculator there, you can get an idea of the dof you can achieve with or without the wide angle lenses.

    Olga




    capriol
    07-06 10:30 AM
    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE]




    cahimmihelp
    07-15 12:56 PM
    Hi,

    This is my second effort to get the answer. There are so many posts on this kind of topics but I am not getting any clear answer. I would appreciate if someone can throw the light on this topic.:confused:

    I am working with a consulting company and my company filed for my GC in 2009 (PD is 25-Feb-2009). I received my I-140 approval on 28-Feb-2010. Now the client where I am working, has offered my a fulltime job and GC processing. I have received mutual consent from my current company for any legal issues. Now, if I join the new company and file my GC from there, can I port my Priority date for the new processing? Also, what should be the earliest joining date? What all other precautions should I take while filing GC with the new company?

    I received the offer on 07/09 and have to give my decision by 07/15. I would appreciate if anyone can help. I got one day extension in deadline. Please answer someone...

    Thanks a lot,

    CAH



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