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  • whiz
    11-19 06:14 PM
    Depends on a lot of factors. My Sister in law, who in 24 yrs, working in India (for less than a year) and applied for Visitors visa and got it. There could be several factors that helped her.

    1. She is coming for her sister's graduation.
    2. She went for VISA stamping with her parents. (not sure if helped but I think it did)
    3. She is non-IT and had her paychecks.
    4 Consulate?? (she went to Hyderabad consulate).

    My advice. There is luck factor. Get your documentation right and hope for the best.





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  • waitnwatch
    10-02 03:31 PM
    When you get a new H1-B approval you get a new I94 too in the mail .You are supposed to staple it to the old I-94 (I think this instruction is contained somewhere within the new I-94). When you leave the US you are supposed to hand over both I-94 cards (no exceptions). When you come back you get a new I-94 at immigration. The I-94 is a entry/exit departure tracking mechanism and if this record does not show up correctly when you are coming back in you may be in for some problems.





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  • raysaikat
    07-08 12:10 PM
    yes,
    You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
    If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
    For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).

    I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.





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  • rsayed
    04-16 08:13 PM
    My H-1 started in Oct'03 and is supposed to complete it's 6 yr term on Oct'09. But, my current H-1 (with my current employer) shows an expiry date of Apr'09 (same with the stamped visa on passport) - I don't know the reason for this.

    My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.

    I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.

    My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?

    Should I just stay put (with my approved I-140), or should I change (which seems risky)?

    Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).

    Pl. advise. Thanks.



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  • monikainusa
    03-22 09:14 AM
    senior members please advise..I am like helpless and really scared..





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  • savitri.bhave
    07-06 10:30 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave



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  • WAIT_FOR_EVER_GC
    06-21 02:04 PM
    suggestions? ^^^^^^^

    1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
    Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
    2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
    3) Apply I-140, I do not know if we have Premium Processing for it.
    4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
    In your case 04 Eb3 will be now 04 Eb2.
    The I -485 will have the old priority date 04 Eb2.

    Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.





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  • chanduv23
    02-17 11:09 AM
    Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.

    There is a lot of work that needs to be done. The active folks must motivate the passive folks.



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  • cbpds
    06-01 07:03 PM
    Please note prefiling allows one to file their 485 papers but will not get an EAD unless ur priority date becomes current.

    Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.





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  • chanduv23
    09-14 03:50 PM
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  • snhn
    04-13 03:53 PM
    DWI is driving while intoxicate. Its can mess you up as far as your life is concerned. This in the past has never been a problem. I have sent FBI a criminal background check request. I am assuming thats what DHS is using to say that I have criminal background.

    Anways, hopefully that wont show anything. My question is, can I goto Mexico with this type of application.

    THanks!





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  • DDash
    07-24 08:28 AM
    People, First of all, if you don�t have answers please dont post junk!

    Options:

    1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.

    2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.

    3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***

    4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.

    5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***

    Hope these help.



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  • kumar1
    03-03 10:37 AM
    Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

    This is correct.

    However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.

    The only requirement is the other I-140 must be approved and active
    and it must belong to same beneficiary.

    Not a legal advice.





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  • s416504
    02-03 10:04 AM
    I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

    Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

    A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

    As far as your labor qualifies for EB2, you are OK.

    USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.



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  • days_go_by
    09-12 07:27 PM
    thanks for correcting me, This is the true advantage of a forum.





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  • sobers
    02-21 03:59 PM
    good job, eb3_nepa!!

    While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.

    That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.

    Thanks! Keep it up!



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  • cableching
    07-18 06:14 PM
    USCIS Looks at I-94 you entered on the I-485 application.
    You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.

    That's the basis for them to track your status in US.





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  • andy garcia
    03-17 08:18 AM
    My I-485 Receipt Notice does not have any PD on it either.

    ALl I-485, repeat ALL do not have PD date on it. Only the I-140 approval notices have a date filled in.





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  • sujitp@gmail.com
    10-05 03:44 PM
    Please delete this post





    thirumalkn
    07-26 05:11 PM
    Thanks for the info vxg. Thanks for sharing.
    So, did you notify USCIS at any stage about your promotion ?

    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.





    venky08
    07-27 02:52 PM
    Related to the questions on this thread.

    What happens when:
    AOS has been filed and it is more than 180 days AND
    dependent has started working on EAD AND
    primary applicant loses job

    Case 1: primary applicant is also on EAD
    Case 2: primary applicant continues on H1 without using EAD

    Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

    thanks!
    the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c



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