LostInGCProcess
11-06 02:47 PM
Guys,
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
I wonder if anyone has any info about this.
A friend comes here on h-1b. She works for 6 years on h1 and files for adjustment of status. She can't do 7th year due to PERM filed and approved less than a year ago. Now, her H-1B expired and she is her as AOS pending, without H1. Now, she is afraid there may be something wrong with her 485 and wants to switch back to H-1b. Can she do it? Can she do go back to H-1B status? The thing is that now her Perm and I140 are approved and she is entitled to 7th H-1B extension, but she is an "Adjustee". Please let me know if anyone was able to change from AOS to H-1B without leaving the US. Thank you for you info.
glus, Since she now has an approved I140, she is eligible for a 3 year H1 extension, provided her PD is not current. She need not be continuously be on H1 to be eligible for applying H1 for the 7th year.
Once you get the H1 paper, you would have to enter the US, so that the status changes from "Adjustee" to "admitted" i.e., H1 status...or, if the H-1B paper come with the I-94 stub, you need not travel out and get it.
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jthomas
03-04 11:22 PM
During this process of recession why USCIS does not help the economy by hiring more employees or contractors and issuing green cards. However, green card guys may think of buying houses and improve economy.
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
Is it a good idea to request Obama, USCIS to employ more peoples(decrease unemployment), process work faster, and let the green card guys invest money in US to improve economy.
LOL
keith_in_us
04-11 11:10 PM
In response to a previous question, I am from Hong Kong SAR, and I have never applied for labor cert. I have been on H1B visa my entire time.
Thanks!
Keith
Thanks!
Keith
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permfiling
09-07 11:49 PM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
more...
rayoflight
09-03 10:46 AM
Hi,
I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.
Also do talk to your postmaster and update the situation.
Hope this helps.
Cheers,
Rayoflight
I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.
Also do talk to your postmaster and update the situation.
Hope this helps.
Cheers,
Rayoflight
diptam
08-13 05:14 PM
7:30 AM folks started getting receipts now - We 11:30 AM guys have to wait at least 2-3 more weeks :D :D
By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.
I've never imagined that i'll see such interesting stuffs in GC process at US.
Same here...mine was signed by GERKENSMEYER AT 11.34am
By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.
I've never imagined that i'll see such interesting stuffs in GC process at US.
Same here...mine was signed by GERKENSMEYER AT 11.34am
more...
wanaparthy
03-25 07:58 PM
Iam serious and i put it that i felt.
But later realized that this is not the right place!
Thanks
But later realized that this is not the right place!
Thanks
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thomachan72
11-30 12:10 PM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
Please advise.
Thank you.
Best
Should i get my passport renewed here before leaving for India ? I believe you can renew one year in advance of pasport expiry date either here or in IndiaI'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? you will be given visa for the duration you are eligible for and not based on the pasport expiry date, however, when renetering your I-94 could be limited to the pasport expiry date even though visa is of longer duration. So ideally you would get pasport extended here and then go for the stampingI'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797? Dont understand why you would be given a one year passport?? Never heard about that but others might help out with that information
Please advise.
Thank you.
Best
more...
wandmaker
12-05 11:16 PM
I was recently speaking with a member and he told me that people even congratulate each other when they have LUDs. :D
My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171
My response is here http://immigrationvoice.org/forum/showpost.php?p=201725&postcount=171
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Eb3Pro
01-25 11:03 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 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.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 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.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
more...
uslegals
12-20 02:00 PM
Hello Everybody,
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,
Couple of questions -
Will they interview my wife & I together ?
Is it advisable to take the immigration attorney with us for the interview.?
Can the IO approve the case on the spot.?
Can IO stamp the passport since my PD is current.?
If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.
Thanks!
Ritesh
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black_logs
02-18 12:08 PM
Yes, most of the states are going to implement it. It is allready existing in P.A. and I know atleast 2 people who's friends picks/drops them to work. It's a shame, living in this country for 6 years and suddenly your DL is snatched away. Getting 3 years H1B extensions in all circumstances is on of our main agenda at iv.org please see our brochure in resources section. This will solve atleast some part of the problem.
more...
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kadarm
04-05 10:03 AM
I got my FHA loan using EAD, no issues.
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quizzer
08-10 12:48 PM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
Is it new H1b or transfer?
Thanks
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
Is it new H1b or transfer?
Thanks
more...
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LostInGCProcess
02-04 05:28 PM
I have a close friend who has floated a company to pursue an entrepreneurial dream.
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)
My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.
My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..
Appreciate your help in advance.
Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)
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seaken75
11-01 03:22 PM
bump
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saketkapur
03-26 11:09 AM
My wife got it stamped twice in Delhi....there were no issues as her application does not mention any 485 filing......
You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.
Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".
Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.
Above is just my opinion. Please consult a reputed immigration attorney as every case is different.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.
Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".
Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.
Above is just my opinion. Please consult a reputed immigration attorney as every case is different.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
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dan19
11-07 02:07 PM
rheoretro,
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
Many of the threads posted here are not directly related to "Employment-Based Green Card Retrogression". Most of them are related to problems we immigrants face day after day.
I started this thread with a good intent. Many people who are searching for jobs are lured by "flashing advertisements" in sulekha. They find out the reality only once they start working for them and "Green Card" is sponsored.
So if each one of us can post about good consulting companies we know about, it will help the current job hunters. (By the way, as far as I know, the majority of us in this forum work as consultants rather than as full-time employees)
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
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desi485
11-10 07:49 PM
I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.
ArkBird
02-17 05:52 PM
I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.
mbartosik
09-03 09:50 PM
Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.
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