senthil1
07-26 10:04 AM
I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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mpadapa
08-15 02:28 PM
give the guy some credit. He might have taken the risk by jumping in the PERM bandwagon early while many like me took safe approach by filing traditional LC:mad:
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.
cooler
07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
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gc_lover
06-20 08:30 AM
Friends
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
more...
desi3933
06-26 12:35 AM
Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?
I highly appreciate your warm assistance.
NaturopathicPT
Please consult an attorney that deals with Employment and Contract law in your employer's state. Some things are legally binding and other are not. It depends on your agreement terms.
__________________
Not a legal advice
I highly appreciate your warm assistance.
NaturopathicPT
Please consult an attorney that deals with Employment and Contract law in your employer's state. Some things are legally binding and other are not. It depends on your agreement terms.
__________________
Not a legal advice
bayoubengal
09-24 09:33 PM
I applied for 485 on July 2nd , did not even get any RN......Guess all we need to do is wait.
more...
lazycis
10-05 09:03 PM
Your H1-B does not matter. What matters is LC for your I-140. It sounds like you want to use AC21 portability. EAD allows to work for any employer(s), but you have to make sure your I-140/I-485 is intact.
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BharatPremi
10-09 08:07 PM
everybody is busy "buying a home in california" and so nobody has time to answer quiz.:)
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needhelp!
02-13 03:20 PM
There's time till evening.. keep 'em coming.
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eagerr2i
08-30 12:39 PM
Dear IV Members,
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.
Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.
These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.
To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.
Come on members..! and pledge in this novel pledge drive for Immigration Voice.
more...
ossidon
08-06 12:12 PM
Wandmaker, Congratulations!
I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.
I am hopeful too since like you my I140 had a LUD on 7/13. I am a Dec 04 EB2 filer and have an Infopass tomorrow to know the 485 status.
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sash
06-19 09:48 PM
I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?
more...
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GCplease
07-30 09:16 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
These are just my views. Please do not take them as is. Check with an attorney.
1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.
2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him
3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.
4. 2 weeks without a job may not be that big of an issue.
Again, these are my personal views. Your attorney can explain things much more concretely.
Good luck.
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ashkam
11-26 01:16 PM
Hi Guys,
I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.
I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?
Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?
You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.
I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.
I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?
Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?
You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.
more...
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Green06
08-15 01:39 PM
Guys,
What is the NSC customer service number. I could not find it on the USCIS web site.
Regards
What is the NSC customer service number. I could not find it on the USCIS web site.
Regards
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chanduv23
04-27 10:15 AM
Ok, lets ignore or shut this down.
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roseball
05-02 02:09 PM
It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....
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deardar
09-14 02:47 PM
If your employer questions you.
Tell em you had an appoinment with the Senater. ;)
Tell em you had an appoinment with the Senater. ;)
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ArunAntonio
10-17 01:07 PM
Sorry to Bump ... but I am going nuts.. am I doing something wrong in the way I am going about this?
dassumi
12-23 03:00 PM
You can use your AP with no issues. That's the exact intent of that document.
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
pbuckeye
07-27 02:46 PM
I submitted all the documents except for the client's letter.
Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?
Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?
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