dunkin
06-26 02:16 PM
hi guys,
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
i have a 485 filing question. i'm on EB2, ready to file for 485. however, i am in india on a family matter and will have to return only for the filing. i know it is "sooner the better", but i am trying to figure out how late i can return to US.
i have read on this forum that dates will retrogress in august. any informed people out there know how likely that is?
also, if i have to make it there in july to file 485, any idea about how long after filing i need to stay in the US before i can return back to india? i mean, any rules which say you cannot travel before such-and-such happens?
thanks in advance, and sorry if the above are dumb questions.
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leo2606
08-04 09:31 PM
Thank you ,I will try.
I tried with different key words but couldn't find.I will keep finding.
Admin, Please delete this thread if possible.
Please search the forum, this has been extensively discussed very recently.
I tried with different key words but couldn't find.I will keep finding.
Admin, Please delete this thread if possible.
Please search the forum, this has been extensively discussed very recently.
vikramy
12-30 01:15 PM
From my knowledge...
For now you can use EAD and continue to work.
In Long term you can get your GC refiled from a different company and port priority date
For now you can use EAD and continue to work.
In Long term you can get your GC refiled from a different company and port priority date
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reddy2cool
08-26 01:55 PM
Thanks for sharing the info, But seriously do you want to believe this kind of source (friends lawyer close to uscis) not even from infopass or any kind of believable source? How about it if lawyer is having just fun at our expense.
more...
user1205
08-29 01:50 PM
I sent her an email today to ask her to mail the originals and she refused.
"We usually keep the original receipts. " was her answer.
What to do? This is so frustrating. ARGHH!!!!
I know I have the right to ask for them but I want to keep it civil and not antagonize her. Is there any reason I can give her, like travel, to make her send me the originals without getting into a fight?
"We usually keep the original receipts. " was her answer.
What to do? This is so frustrating. ARGHH!!!!
I know I have the right to ask for them but I want to keep it civil and not antagonize her. Is there any reason I can give her, like travel, to make her send me the originals without getting into a fight?
GCAmigo
02-08 07:22 AM
Please go back to your parents.
~GCA
~GCA
more...
dealsnet
09-07 11:30 AM
Only he can file I-130 for brother/sister. It is his petition.
I-485 need to file when your PD need to be current.
Indian Bro/sister need to wait 10 years to file I-485.
So you can file I-485 in 2020 AD.
Hi,
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
I-485 need to file when your PD need to be current.
Indian Bro/sister need to wait 10 years to file I-485.
So you can file I-485 in 2020 AD.
Hi,
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
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CRAZYMONK
04-07 12:03 PM
I entered US on H1 and the officer stamped the I-94 expiry date to the expiry date of the passport. I applied for a new passport but forgot about the I-94 expiry date. Does it mean that my H1B is expired and not valid? Can I re-enter US on the same H1B visa. Or, my H1B is no longer valid and I have to use AP?
Please let me know.
When did your I94 expired?
Even though it expired and if you are having a EAD you are legal.
Your H1B visa is still valid. If you want you can reenter using the same H1B Visa.
All you need is to extend your stay. I think you can do it by contacting CBP office in your area.
Please let me know.
When did your I94 expired?
Even though it expired and if you are having a EAD you are legal.
Your H1B visa is still valid. If you want you can reenter using the same H1B Visa.
All you need is to extend your stay. I think you can do it by contacting CBP office in your area.
more...
truthinspector
07-19 03:54 PM
The news from CIS brings joy for a lot of the IV members.
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mnkaushik
02-14 10:49 AM
Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?
Generally you should get 3 years, if you have three years to get to the 6 year limit of H1B.
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
A Colleague of mine did this and did not have an issue. He went to india last Oct with his previous visa stamped in his passoort and I 797 approval of the new visa. My Company lawyers told him that he wont have any issues and he is back from his vacation and working. So i guess he did not have any issues.
What I dont know if how long was his previous visa valid for but I dont think it should matter till it is valid for sometime when you try to enter the country.
Generally you should get 3 years, if you have three years to get to the 6 year limit of H1B.
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
A Colleague of mine did this and did not have an issue. He went to india last Oct with his previous visa stamped in his passoort and I 797 approval of the new visa. My Company lawyers told him that he wont have any issues and he is back from his vacation and working. So i guess he did not have any issues.
What I dont know if how long was his previous visa valid for but I dont think it should matter till it is valid for sometime when you try to enter the country.
more...
nonimmi
08-30 12:37 PM
Who will be responsible for psychological torcher with less then 50% pay.
Socially isolated coz of not driving.
How one can see the big time loss of applicant.
3 years easily one can wait can say but why for more then 6 yers.
Who are talking time management that didn't applies here.
Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.
This shows the effect of retrogression!!
Socially isolated coz of not driving.
How one can see the big time loss of applicant.
3 years easily one can wait can say but why for more then 6 yers.
Who are talking time management that didn't applies here.
Who are talking productinve loss for applicant who can earn more then 80k coz of LC approval not who is responsible.
This shows the effect of retrogression!!
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narasimha.cse@gmail.com
11-20 08:25 PM
Thanks a lot for your suggestion,
Can you please brief me out regarding the procedure . I know this sounds very basics but I am pretty new to the country and the procedures .
Hope you understand ,
Thanks in advance,
Narasimha
Can you please brief me out regarding the procedure . I know this sounds very basics but I am pretty new to the country and the procedures .
Hope you understand ,
Thanks in advance,
Narasimha
more...
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sircaustic
10-18 10:43 PM
I applied on 7/26 for seventh year H1-B renewal and extension of stay. I concurrently filed I-539 for Extension of Stay for family. Six years of H-1 and related I-94 expired on 10/8 and since then I have been working under the 240 day grace period rule.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
Here are some other facts:
- I have an approved I-140 filed and approved back in 2007
-I-485 was filed during the 2007 July-August wave
-I do have an EAD valid until November 2011 but I have never used it. I have always maintained my H-1 status.
-My wife also has an EAD that expires end of this week. I-765 Application to renew her EAD was filed more than 75 days ago for which we requested an expedite request. She has never worked before although her first EAD was approved three years ago.
My questions:
1. What happens if USCIS denies my employer's petition for H-1b extension? Will I be out of status immediately after? Does having an EAD provide me any insulation?
2. What about other people here those who are working on EAD? How are they maintaining their status? Are they required to file extension of stay application?
3. Do you think approval of my wife's EAD renewal is tied to the pending I-539?
4. What about my children? In the event my application for H-1 renewal is denied, will they be out of status immediately after? Are there any steps I can take to ensure this does not happen
Sorry for too many questions and thank you in advance to those who will respond.
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SVS
09-09 05:22 PM
Hi,
1. I do not know.
2. Once your approval comes through, it will just be a regular H1-B transfer, so you should be able to carry the remaining of the 3 years on the H1-B.
3. As far as I know, your GC petition will not go with you and you'll have to start all over again. I believe, when you file your I-485 with EAD and it has been over 180 days, then you have your EAD and you can change your employer using AC21.
I am on my first H1 (3rd year) and filed for an extension recently. I received my notice a few days back.
Good luck,
SVS
PD: Dec 2007
I-140: Aug 2008
As always, do check with an attorney!
1. I do not know.
2. Once your approval comes through, it will just be a regular H1-B transfer, so you should be able to carry the remaining of the 3 years on the H1-B.
3. As far as I know, your GC petition will not go with you and you'll have to start all over again. I believe, when you file your I-485 with EAD and it has been over 180 days, then you have your EAD and you can change your employer using AC21.
I am on my first H1 (3rd year) and filed for an extension recently. I received my notice a few days back.
Good luck,
SVS
PD: Dec 2007
I-140: Aug 2008
As always, do check with an attorney!
more...
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Blog Feeds
06-05 04:00 PM
I'm at the annual meeting of the American Immigration Lawyers Association here in Las Vegas. More than 10, 000 lawyers gathered here in Las Vegas to learn about the most recent updates from the Government directly.
We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.
Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.
I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.
More... (http://www.visalawyerblog.com/2009/06/blogging_from_the_aila_annual.html)
We just finished a session with the Department of Labor. Some of the key news is that more company audits are on the way. In fact, currently there are 200 cases pending in the audit line. They promised more audits as the icert system will become a standard in filing PERM, LCA and Prevailing wage requests.
Also H2B cases now must prevailing wage requests directly with the Chicago DOL center. There is a slight delay in processing. They are currenlty working on PWD's filed on May 8th or before. Wea ll need to be patient.
I will keep posting more updates as the day progresses. Next I am off to the USCIS open forum. More exciting news to report soon.
More... (http://www.visalawyerblog.com/2009/06/blogging_from_the_aila_annual.html)
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dpp
06-01 12:24 PM
IV,
Please start a webfax campaign in support of the Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah).
There is no use just opposing the existing bill without proposing what we want actually.
Please start a webfax campaign in support of the Amendment S.1249, being co-sponsored by senators Maria Cantwell (D-Wash), John Cornyn (R-Tex.), Patrick Leahy (D-Vt.), Orrin Hatch (R-Pa.), and Robert Bennett (R-Utah).
There is no use just opposing the existing bill without proposing what we want actually.
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jbjeunice
04-16 02:00 PM
Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
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skark
11-07 02:53 PM
Thanks Andy,
Would give you a rep point if I could or knew how...
Appreciate your response
Would give you a rep point if I could or knew how...
Appreciate your response
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richasamuel@yahoo.com
09-06 01:53 AM
Raise has nothing to do with GC processing.Decision of Raise Limit is set by employer and promotion does comes with change in job description.Keep one thing in mind Corporations make profit out of everybody whether its customers or employees doesnt matter.Corporations exists to make profits.by the way do you work for non-profit organization ?? in that case things are a little different based on finanicial availability.
Thanks,
Richa
Thanks,
Richa
gc28262
08-08 12:55 PM
Though I am not an attorney, I would recommend removing the word "revoke" from the letter. Some less knowledgeable IO can read "revoke" along with "I-485" and do something disastrous.
ashkam
10-15 01:00 PM
Doing it as we speak.
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