InTheMoment
07-14 12:24 PM
I don't understand... what is the reason for opening this new thread. Application are still being receipted in July.
>>>And btw the received date in the status can also mean the latest update and/or the notice date<<<
Adminsitrator please merge or close this thread !
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
>>>And btw the received date in the status can also mean the latest update and/or the notice date<<<
Adminsitrator please merge or close this thread !
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
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glus
12-29 09:53 AM
I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.
My take:
AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.
In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.
The above said information is purely based on my knowledge and may vary from an Attorney�s view.
Good Luck!
Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.
mdipi
11-16 08:02 PM
well i came with my head held high!
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sabbygirl99
07-07 08:57 AM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
more...
lskreddy
06-12 12:39 AM
Yes, you can upgrade to anytime and in your case, if you had labor approved and I140 pending until Nov 1st, then you can upgrade to PP, wait for its approval and apply for a 3 year extension.
You can also apply for H1 before and when I140 pps goes through, notify CIS about your I140 approval with a request to grant a 3 year extension instead of 1.
You can also apply for H1 before and when I140 pps goes through, notify CIS about your I140 approval with a request to grant a 3 year extension instead of 1.
ImmigrationAnswerMan
09-14 12:23 PM
1) Any time someone takes a trip outside the US for longer than a year they are taking some risk that CBP will determine that they have abandoned their permanent residence. It would probably be OK, but there is no guarantee. If someone is taking a trip for longer than one year they must get a travel permit.
2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.
** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
2) Anyone who travels abroad on a trip lasting more than a year must reside in the US 4 years and a day from they date they return to the US before they are eligible to apply for naturalization (2 years and a day if applying as the spouse of a US citizen). This is true even if you have a Travel Permit. However if they have been living in the US for 365 days without leaving the US after getting the green card then they may be eligible to apply to maintain their residence in the US even through trips abroad that last longer than 365 days.
** This information is of a general nature and should not be relied upon without first consulting an immigration law attorney. This information is not intended to create an attorney-client relationship.
more...
neerajkandhari
10-25 10:02 PM
same boat
no AP as yet
no AP as yet
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gotgc?
11-19 12:42 PM
along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.
more...
dcrtrv27
10-09 01:40 PM
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I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
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VSS2007
05-28 06:48 AM
Hi
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
Yes, you can mail them in one package. But make sure Individual applications are clipped seperately with all supporting docs, photos and cheques and also have a cover letter for each application mentioning I-485 receipt number A# etc
Thanks
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
Yes, you can mail them in one package. But make sure Individual applications are clipped seperately with all supporting docs, photos and cheques and also have a cover letter for each application mentioning I-485 receipt number A# etc
Thanks
more...
satishku_2000
08-10 03:18 PM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
Depends on what kind of company you work for and what kind of proferred wage your GC application has and what kind of money you been making on w2s since your labor process has started. Again it all depends on whether you receive an RFE or not but if you work for a company that is H1B dependent and has multiple 140 petitions pending and your application is filed with NSC , I think you should be prepared for an RFE on your companies ability to pay.
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jonty_11
02-06 05:57 PM
Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!
correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!
more...
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niklshah
05-27 01:02 PM
What will be the answer for current immigrtion status question, rite now i am using my EAD and i have never used an advance parole...thanks
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godspeed
10-09 01:33 PM
Hopefully you have a attorney, sometimes they have more access or just clout more than what we have, so my suggestion would be to get in touch with an attorney.
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
Do not take this lightly...
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
more...
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Macaca
02-08 10:25 AM
US educated have a separate H1B quota. That quota takes a while to get over. Are Intel/Microsoft interested in increasing that quota only? Increasing this quota should not be as difficult.
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sammyb
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
then it may hurt you ... but again it depends on company to company ...
Any ideas?
then it may hurt you ... but again it depends on company to company ...
more...
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vivid_bharti
07-13 02:30 PM
inn amendments ko chatega ? yaa poojegaa ?
Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...
More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)
Great news! The Hatch widows bill (which removes the requirement that a couple must have been married for two years before a US citizen dies) passed and included in that bill were provisions extending the religious worker green card program and the Conrad 30 J-1 physician waiver program. Each of these programs were extended for three years. The EB-5 regional center program for immigrant investors was permanently reauthorized by the Senate yesterday. The House must agree to these amendments before they go to the President and I do not yet know whether the bill will go back to the House...
More... (http://blogs.ilw.com/gregsiskind/2009/07/proimmigration-amendment-added-to-senates-dhs-spending-bill.html)
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meridiani.planum
03-10 08:21 PM
Hi,
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
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rick_rajvanshi
07-26 03:38 PM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.
Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature
If you want it quicker - just keep running along with your application at all stages. I got it done on the same day
I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.
Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature
If you want it quicker - just keep running along with your application at all stages. I got it done on the same day
I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.
getta05
03-27 05:38 PM
i have not applied for a GC as yet.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
nat23
06-14 11:17 AM
I would recommend you stick to you H1B by getting an extension on H1. The problem with EAD is that EAD extensions take long and there is no guarantee your EAD extension will be granted before the present one expires. If this were to happen you are out of status (ppl correct me here if I'm wrong). So maintain ur H1 status as far as possible.
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