EndRetro
06-20 01:03 PM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
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sury
11-15 02:59 PM
-------------------
Current Status: Document mailed to applicant.
we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
Current Status: Document mailed to applicant.
we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
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snathan
03-09 03:59 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
There is no premium process for PERM. if you get audited, it will take 1-2 years to get approval. You can do premium for I-140
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rahulpaper
11-12 03:39 PM
Rishikesh,
How long did it take from RFE response to approval?
Thanks in advance
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
How long did it take from RFE response to approval?
Thanks in advance
Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly
Dear Sir/Madam,
In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.
a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.
The following entries are in TAB format
Date of Entry mm/DD/yyyy
Date of Exit mm/DD/yyyy
I-94 # NA
Copy Avail? N
Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]
b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.
c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]
d. Evidence of relationship: I am attaching the following documents
1. Copy of my birth certificate
2. Copy of my marriage certificate
Thanks & Regards,
<Your Name>
Encl:
1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
2. Copies of H1 approval & extension approval notice [2 pages]
3. Copies of I-94�s issued [5 pages]
4. Copy of I-140 approval [1 pages]
5. Copy of I-485 filing receipt [1 pages]
6. Copy of birth certificate [1 page]
7. Copy of marriage certificate [1 page]
Hope this helps
QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]
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wandmaker
11-16 11:38 AM
FYI - While I was talking to CSR regarding my AP. There was discussion about processing times, she told me that the new processing times will be posted this Friday.
h1bemployee
02-26 10:43 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
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vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
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GCBy3000
04-15 06:16 PM
EIther this guy is ALIPAC or he is from ALIPAC. THose guys tried to supress us in a straight forward way, but it did not work. Then they sent some infiltrants to our site to coy us to beleive they work for immigrants. That also did not work. Now they are trying to backstab us with our own hands. They will do whatever it takes to drive us out, but we should be smart as we were and may be much more. Good luck ALIPAC.
more...
NKR
09-22 09:00 AM
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
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sac-r-ten
02-26 04:56 PM
Sorry for your situation. Its better to look for H1 transfer soon. Also expose such body shopper here, so that future H1B are aware of such dingy fly by night operators.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
more...
pappu
05-20 08:31 PM
Good post
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GooblyWoobly
07-18 06:14 PM
I have couple of questions, couldn't find answers in other threads.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
TIA.
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ameryki
03-17 10:47 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.
ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.
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immigrationvoice1
03-18 04:49 PM
I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
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belmontboy
01-20 01:27 PM
1. Ravi Venkatesh
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
Adding to the elite list:
7. Ding Dong
8. Ping Ping
9. Sing Sing
10. <unknown firstname> EB3GCWalla
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
Adding to the elite list:
7. Ding Dong
8. Ping Ping
9. Sing Sing
10. <unknown firstname> EB3GCWalla
more...
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werc
10-10 12:43 AM
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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mnkaushik
06-04 04:57 PM
Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.
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krishnam70
11-20 03:44 PM
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
saurav_4096
04-12 01:47 PM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
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