prem_goel
07-05 12:41 PM
I am kindda in a similar situation. if your wife goes to F1 visa, and the dates become current (i.e you are eligible to apply for 485), you cannot add your wife to your 485 (immigrant AOS) petition on her F1 status. She either will have to come to H-1B/H-4/L-1/L-2 status. I had this conversation long time ago with my lawyer. The reason is that these categories of visas are recognized to have dual intent of migration. F-1, B-1 etc are not so you cannot apply for 485 if you are in any of those category of visas.
This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.
I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.
This is the biggest thing why you may have to consider being on H-1B only so that she can be on H-4 and you can add her whenever the dates are current for you again. Secondly, being on H-1B has other advantage for you as well. Suppose there is a problem with your 485 application and (god forbid) it gets denied. Then in that case you are not out of status if you have retained your H-1B status. You can be here in US until your H-1B petition expires and fight for a motion-to-reconsider on your 485 and resolve the issue. Had you been on EAD, you are out-of-status the day your 485 gets rejected.
I understand that not many employers are keen on doing H-1B due to the costs involved, but it might be a worthwhile option for you to explain to your employer the benefits associated with keeping an H-1B petition.
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eilsoe
10-22 04:44 PM
AAahhh....
I think I remember something now yes...
I was in that basement... d*mn... then i was close to finding him...
I think I remember something now yes...
I was in that basement... d*mn... then i was close to finding him...
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chadoubra
06-21 12:41 PM
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
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kriskris
07-20 02:13 PM
Do you think we can apply a duplicate 485 when the actual 485 packet is already sent. Even in this case how do you send the sealed medical reports since you have already sent them.
I am in the same boat as you are. please let me know.
I am in the same boat as you are. please let me know.
more...
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franklin
07-10 12:10 AM
May the government discriminate against non-citizens in matters not related to their admissions to the United States?
Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.
Which law would we be breaking by sending flowers?
Among the most important sources of legal protection against governmental discrimination or abuse are the Fifth and Fourteenth Amendments to the Constitution. They provide that no person shall be deprived of life, liberty or property without due process of law and that no person shall be deprived of the equal protection of the laws. Thus, the right to due process, equal protection and the other fundamental rights that are encompassed by these principles apply to all persons in the United States, including non-citizens.
Which law would we be breaking by sending flowers?
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supers789
09-18 08:06 PM
as far as previous employer has not revolved / canceled i140, and Priority date for i140 is backlogged, you can get 3 yr extension on h1b using previous employer's i140. if any of these does not satisfy, you do not get 3 yr ext. using old company i140.
more...
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mmk123
10-13 10:25 AM
Call USCIS and/or a good Lawyer to understand the rules for this scenario and take correct actions. Pls always obey the rules and play by rules.
Good luck.
Good luck.
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chanduv23
06-18 02:24 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion for an appeal, could you please post your feedbacks/experiences?
Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section
more...
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Can2004
09-18 09:39 AM
Hi there,
I submitted a response for similar RFE in march.My attorney just asked me to submit CC statements for that month when I entered US along with an affidavit that passports were checked but not stamped.We did that. My case status changed to ""response received and processing resumed"" after USCIS received the response.
I used to commute accross the border 5 days a week for almost 2 years and my passport was never stamped after the initial entry.
I hope this helps.
I submitted a response for similar RFE in march.My attorney just asked me to submit CC statements for that month when I entered US along with an affidavit that passports were checked but not stamped.We did that. My case status changed to ""response received and processing resumed"" after USCIS received the response.
I used to commute accross the border 5 days a week for almost 2 years and my passport was never stamped after the initial entry.
I hope this helps.
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jnraajan
08-18 11:15 PM
We all appreciate your frustrations. But by posting information like these in a highly popular site like IV, you are only bringing unwanted attention to news like these. Hope you understand.
more...
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Rolling_Flood
08-14 11:05 PM
dude, there's gibberish in the sheet.............is this the right link?
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jeevarakkiannan
07-17 06:19 PM
I suggest we add our photos to the thank you letter. This way, the thank you letter will be more personal.
What do you think?
What do you think?
more...
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reddymjm
02-10 07:39 PM
EB1 ----> EB2 ----> EB3 <---- EB4 + EB5
instead of
EB4 + EB5 ---> EB1 ----> EB2
Just for a change.
instead of
EB4 + EB5 ---> EB1 ----> EB2
Just for a change.
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stldude
07-26 02:16 PM
Sarika
Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
more...
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MerciesOfInjustices
10-06 09:44 AM
IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public.
Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!
Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!
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LloydsApple
11-11 10:20 AM
hey all i can't find where to post a new thread so hopefully I can hijack this quick.
I called the USCIS number for info but can't speak to an operator.
My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).
she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.
thanks for any help!
I called the USCIS number for info but can't speak to an operator.
My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).
she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.
thanks for any help!
more...
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ajju
04-10 12:45 PM
I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.
Then its possible.. depending from where GC was filed...
Call them and lets us know what you find out...
Then its possible.. depending from where GC was filed...
Call them and lets us know what you find out...
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forgerator
08-20 03:35 PM
I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.
However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.
Hope this helps.
Excellent thanks . Well if this is true I don't have anything to worry about!
However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.
Hope this helps.
Excellent thanks . Well if this is true I don't have anything to worry about!
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lc2004
08-04 11:13 AM
How about some green dots guys for sharing such a inspirational story...
sunny..
how do u give a grren dot to someone??..i like ur story..
sunny..
how do u give a grren dot to someone??..i like ur story..
kum31
10-04 02:06 PM
OK . Thanks for your quick response.
roseball
03-08 07:24 PM
Hi,
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...
My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.
Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...
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