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redcard
08-23 11:29 AM
I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
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dtekkedil
07-03 10:03 AM
I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:
Maybe a stinky garden weed. It's the thought that counts:D.
LOL!
You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)
Maybe a stinky garden weed. It's the thought that counts:D.
LOL!
You wont be spending the money on them... in the end it will be for you! Think of it as an investment :)
ingegarcia
04-17 09:08 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
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pappu
12-30 11:10 PM
Happy Birthday IV !!!!
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bang
01-09 06:41 AM
Because this is the case where it is not clear if the H-1B was applied for before or after oct 2006 and if the H-4 was in H-1 status ever before.
We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.
We had applied in July 2006, last few days before the Quota got closed, she completed her Masters in July as well. For some reason it took all this while to get an approval even when converted to Premium in October, they sent a RFE for my H1 & paystubs later took for ever to acknowledge th erecieval and then fianlly approval, as i mentioned we are still waiting to see the approval document to make sure there is a I94 attached.
ramaonline
03-18 02:33 AM
You can take an infopass appt at the local office and speak to an immigration officer. I know of a similar case where the USCIS officer said that the derivative 485 application is no longer valid after divorce, and the derivative application will be denied. He sent some email to the service center asking them to deny the derivative 485. The primary 485 was still approved - I don't know what happened to the spouse's application.
In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.
In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.
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imneedy
02-04 10:27 AM
Today is the 22nd calendar day.
Shahuja,
Is this your first time application for H1 or is it a renewal?
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".
Raju,
Is this your wife's first time application for H4 or is it a renewal?
Shahuja,
Is this your first time application for H1 or is it a renewal?
Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing".
Raju,
Is this your wife's first time application for H4 or is it a renewal?
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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?
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Sandeep
02-21 05:32 PM
If you are faxing it you may consider sharing the following pages :
Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used
You can also send the following
THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida
Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used
You can also send the following
THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida
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hi2sunil
12-06 11:34 AM
When you mail the documents, make sure you notarized the application. If you have not done it will come back to you.
Thanks
Sunil K
Thanks
Sunil K
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glus
05-31 12:52 PM
Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.
J
J
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chakdepatte
12-10 11:43 AM
Just throw away your legal papers. change your name, show your photograph with the statue of liberty and declare yourself illegal in the country for last 5 years. go to school, enjoy a better in-state tuition and get a better job. Green Card Voila!!!!
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
Dream act just proves that nothing will be done for hard working non shitizens. Legals should work and wait or leave as they dont have any DREAM. And yes we got a spineless president on that.
Keep dreaming. DREAM act ain't going anywhere.
Oye chuck they fatte.
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glus
05-31 10:37 AM
Thank you once again for contributing guys. We will achieve our success very soon.
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RLNY122004
06-15 04:25 PM
I won't .
Congrats RLNY122004! Dont forget IV!
Congrats RLNY122004! Dont forget IV!
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cris
08-30 12:22 PM
outstanding answer , gg_ny ! Thank you very much
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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.
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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vishwak
08-13 10:51 AM
History:
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
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gcisadawg
04-07 06:52 PM
Folks,
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
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sgorla
02-23 02:38 PM
I was told by the University of Nevada -Reno (UNR) that I 140 approval does not change one's immigration status, and the person (or his/her dependent) will not be eligible for in-state tution.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
ilikekilo
04-13 10:10 AM
For me I never got a any communication directly from USCIS for the RFE.
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
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