sunflowershower
12-03 12:50 PM
Hi,
I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:
PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen
Would really appreciate any help,
I asked my family immigration lawyer but she is completely clueless as to what I need to do.
I'm currently under AOS, I had H4 visa under my father (H1B visa) but since I just recently turned 22 my H4 visa expired. My family and I apply for Green Card (with I485 hand in) in July 2007. The problem is, I just recently got accepted in to UK Graduate school (lse) and I would love to go. It's an one-year program, but I think I would need to spend 1 and half year in UK. Is there any way that would allow me to just study aboard for 1.5-2 years in UK without jeopardizing my I485? or worse my parents' I485? What application/document should I file? :confused:
PS. I'm not sure if this information is any helpful but I am also a master's student in US. But my advisor said I can take one year off to UK and finish my US masters when I get back. Also, I'm a canadian citizen
Would really appreciate any help,
I asked my family immigration lawyer but she is completely clueless as to what I need to do.
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mhtanim
01-30 01:52 AM
Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.
If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.
Comments from anybody with more knowledge on this will be highly appreciated.
If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.
Comments from anybody with more knowledge on this will be highly appreciated.
immiusa
09-13 12:12 PM
Hello,
This is my opinion and I am not a lawyer.
I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.
Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.
This is my opinion and I am not a lawyer.
I do not think usa consulate can track spouse unless otherwise specified/applied for H4. Since you both have individual work permits. You will appearing like an individual. So, there will be no questions regarding spouse status.
Regarding your H1b deniel laster year. I have not heard of such cases. But one thing. USA consulate can ask for more evidence regarding the job offer in USA. They may even say that your job offer do not seem valid.
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rp0lol
03-30 08:40 PM
Congratulations!!!
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joydiptac
11-18 05:52 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
Be_Pragmatic
07-23 05:35 PM
It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
OK, thanks much for your suggestion. I'll consult my attorney before plunging in.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
OK, thanks much for your suggestion. I'll consult my attorney before plunging in.
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Ann Ruben
03-30 07:27 AM
The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.
Hope this helps.
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desibechara
06-20 01:03 AM
but what is notice of forward...in labor certification..the phone number is
written on the labor document..
PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..
DB
written on the labor document..
PD 2001 Oct
TR..was about to convert it to RIR,,,but they started the process already..
DB
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snathan
02-09 09:23 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Celebrate the good news and donate here at
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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vts31
10-22 04:23 PM
wtf! u guys are fast!
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gcisadawg
06-22 09:36 AM
3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .
Dude,
You speak as if there is a CIR on the table and all that is needed is a "yes" or a "no" vote.
You know that that is not the case. There is no CIR yet. Creating one that is acceptable to the majority is the key task. That would take time, effort, resources and ultimately "votes"! At the end of the day, CIR will not reflect the need of the hour. It only reflects the politics of the day!
GCisaDawg
Dude,
You speak as if there is a CIR on the table and all that is needed is a "yes" or a "no" vote.
You know that that is not the case. There is no CIR yet. Creating one that is acceptable to the majority is the key task. That would take time, effort, resources and ultimately "votes"! At the end of the day, CIR will not reflect the need of the hour. It only reflects the politics of the day!
GCisaDawg
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Waitingnvain
07-31 09:04 PM
H visa by nature is dual intent. One does not lose it after getting EAD.
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rajuram
12-06 10:09 AM
File online. Next steps
- Print two copies of the online receipt
- with one copy of the receipt attach -
485 copy, 2 photographs, a sheet with reason for applying AP (i.e. answer to question nbr 10 or 7, don't remember)
- mail the above to the address on the receipt
- relax for 3 or 4 weeks
- get the approval
- Print two copies of the online receipt
- with one copy of the receipt attach -
485 copy, 2 photographs, a sheet with reason for applying AP (i.e. answer to question nbr 10 or 7, don't remember)
- mail the above to the address on the receipt
- relax for 3 or 4 weeks
- get the approval
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k_sing
09-18 04:08 PM
This is H1B specifc though.. not taxation specifc for others
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TomPlate
01-09 03:29 PM
All will become current. Donate guys.
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lostinbeta
10-20 10:48 PM
Censoring yourself now dan?
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fromnaija
09-22 05:55 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
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eb3_nepa
11-06 12:21 PM
Concurrent H-1Bs are always non-cap.:)
What does that mean?
I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(
ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).
What does that mean?
I guess the reason i am asking is coz my spouse can possibly get a job offer in the near future and i was wondering if there was ANY way in which she can get an H1 and start working without having to wait for Oct 2007 :(
ANY alternative solutions guys? She is on H4 right now and we are both Indian citizens (born in India).
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sumansk
09-26 05:21 PM
Is it possible that for people whose app is not system might have been rejected.But even if that is rejected then it shud be in the system...right ????
green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
jonty_11
07-26 02:08 PM
country and EB1/2/3 would help...??? Plz provide that
u cud be stuck in FBI namecheck
u cud be stuck in FBI namecheck
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