willgetgc2005
05-06 03:56 PM
OK. Thanks. Doyou know hwomuch this will delay the approval. I mean the fact that orginal is not sent and we have only a copy.
I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.
I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.
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AmericanDreamZ
10-19 01:36 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
FredG
April 3rd, 2005, 06:52 AM
#1. I find the motion in 2 more distracting than helpful.
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Ann Ruben
01-30 09:52 AM
By "up front", I mean honest.
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shimul99
10-04 04:20 PM
my mothe in law is visiting us. she came to the Us last Aug 2006 as a B2 (tourist visa). we extented her visa once which iwas valid for Aug 8, 2007. then we applied for the extention again. yesterday we received the letter saying USCIS is not going to extend the visa anymore. the application had been rejected. but they didn't mentioned any date in the letter about when she have to go back.
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
what is safe for her? does she have any deadline to go back? is it 15 days or a month....
someone please let me know...thanks ahead
rockstart
10-06 11:35 AM
Employer needs to stop smoking weed and concentrate on work. Jokes apart there was no such proposal ever in pipeline so there is no way anything like this ever was approved. 6 year limit on H1 is a law that cannot be changed by admin process. It needs to pass house & senate. Also 6 year limit makes lot of people go back to home countries and uncle sam can consume their SS & Medicare taxes.
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tempgc
10-17 02:25 PM
Thanks vaishu
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kondur_007
05-15 08:42 PM
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
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andy garcia
07-31 10:08 AM
Nobody knows a answer
He is referring to applications that do not need labor Certification(NIW or EB1).
He is referring to applications that do not need labor Certification(NIW or EB1).
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tanmoymuk
03-02 02:29 PM
EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.
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uppaji
04-05 04:17 PM
And provided their offices information about retrogression and IV. They aeemed to be very familiar with this issue.
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gc_in_30_yrs
09-16 08:11 AM
funny still interesting.
in order to reduce the crime rate, they should prolong the GC process!
in order to reduce the crime rate, they should prolong the GC process!
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vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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GCBy3000
07-08 10:06 AM
It is illegal if the part time employer paid you directly. However, I believe it would not be illegal if you were paid by one employer.
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
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axp817
06-27 10:04 PM
Isn't it a violation of the law, if NO reason is given while denying the 485?
The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.
So, here, a reason WAS given.
Of course, the reason might have been incorrect, as the poster seemed to think.
The only recent case I have seen on IV was where the member got a NOID stating that the 140 was withdrawn/revoked.
So, here, a reason WAS given.
Of course, the reason might have been incorrect, as the poster seemed to think.
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psk79
05-22 11:16 AM
I am sure this what might have happened since you talked about FP.
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
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gonecrazyonh4
05-18 03:30 PM
I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.
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ChalapathiChitturi
07-22 02:51 PM
Thank You little_willy and lifesucksinUS.
I also have the same question as jambapamba.
I also have the same question as jambapamba.
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rparuchuri
08-10 08:42 AM
I think you can safely sponser visitors visa while you are on H1B. What do you mean by working at clients place? is that place listed on your H1B application. Many times Attorney list any other state as required. I remember my attorney doing this. But still, I don't think it should matter, at the same time, I am not an attorney.
Good luck
Good luck
mnq1979
12-18 10:33 AM
Hello,
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any questions....it was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!
I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.
please help!!
My wife travelled to Pakistan last year when we had a new born baby !!! she first came to USA on h4 visa but when she left her h4 was already expired so when she returned to usa after 3months she used AP and had no problems.....she says the immigration officer didnt even look at her expired h4 and jst stamped the AP without asking any questions....it was a smooth process !!!!! so don't worry and travel !!!!! hope ur dad feels better when he see u !!!!! goood luck !!!!
mbartosik
06-14 12:33 AM
If you are on speaking terms, and she is in USA, then consider extending an olive branch to her. You can always extend the olive branch after you get a receipt notice for your I485.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.
I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.