roseball
02-20 09:04 AM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
Was your son's H4 status valid when you filed his I-485? If so, even though his H4 is not valid now, he will automatically be in legal status based on his pending I-485. So no need to go for stamping. However, if his H4 was not valid when you filed his I-485, then there is a risk of his I-485 getting denied. In which case, getting a H4 visa stamp and re-entering would clear his out-of-status issue. One more thing, when you applied for dependent H4s after realizing the mistake, were the approvals with attached I-94? If not, your son won't be in H4 status until he goes out of the country and re-enters after getting a H4 VISA stamp.
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ashkam
12-15 08:37 AM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
ns007
06-15 11:13 AM
3yr.
1yr extension rule kicks-in after 6yr.
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
1yr extension rule kicks-in after 6yr.
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
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raju123
05-16 12:53 PM
^^^^^ Bumping up
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GCBy3000
11-09 02:44 PM
I moved from location A to location B within the same state with same employer. My legal consulting with company attorney is as below.
1. Yes, you can move to different location. But you have to move back to the original location once you get GC. How long you have to work at the original location is a grey area. My attorney said anywhere between 6months to one year will do.
2. If your employer is not willing to relocate you to the original location, you HAVE TO start your LC process again in the new location. Even before my labor approved from location A, I moved to location B. Since my company is good, they agreed to file 140 for location A just for me to keep the PD. Now my location B 140 is filed.
3. With the new perm process, there is no provision to state that a employee will work in multiple location. This is what I have heard from my attorney.
4. When I asked him what will happen if I dont move back to location A and continue working in location B, he said I will get into trouble when I to for interview for my citizenship. Until then, it should be fine. Only case it will be a probelm when a query is put to the employer and he does not backs you up. Of couse, no one should lie and I dont want my employer to lie for me.
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
1. Yes, you can move to different location. But you have to move back to the original location once you get GC. How long you have to work at the original location is a grey area. My attorney said anywhere between 6months to one year will do.
2. If your employer is not willing to relocate you to the original location, you HAVE TO start your LC process again in the new location. Even before my labor approved from location A, I moved to location B. Since my company is good, they agreed to file 140 for location A just for me to keep the PD. Now my location B 140 is filed.
3. With the new perm process, there is no provision to state that a employee will work in multiple location. This is what I have heard from my attorney.
4. When I asked him what will happen if I dont move back to location A and continue working in location B, he said I will get into trouble when I to for interview for my citizenship. Until then, it should be fine. Only case it will be a probelm when a query is put to the employer and he does not backs you up. Of couse, no one should lie and I dont want my employer to lie for me.
Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.
Thanks for all the inputs
ash27
04-01 01:21 PM
Is there any clause that for AC-21 to be valid, a full time offer is required? The offer letters provided by companies like TekSystems are more contract based and you basically get paid/hour.
Please advice!
Please advice!
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obviously
12-04 08:15 PM
Next time you fly into India, THANK the security folks for taking care of security day in and day out.
After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.
If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...
Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)
After all they are also human beings. They work in one of the most unmotivating work environments. Worse than those in GC Q's.
If each of us did this, imagine the power of change... and they will be more motivated to secure and protect all...
Just a simple "Thanks for taking care of us all"... and not too much to arouse suspicion :)
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permfiling
02-09 09:13 AM
I don't think saying "moving back to india" is a good option especially in a small world
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kminkeller
03-09 02:49 PM
Completely valid question ivgclive. Yes it has been more than 3 years that I had EAD. Only fear that I have right now is for EAD you need to have a job at all times in case I get an RFE or any kind of notice to prove that I am working on similar job. In this economy you never know what is going to happen. You have a job now and you may not have it later. That is what concerns me a lot coz I have a family here and bought a house and other responsibilities. So I was hoping porting to EB2 was not that long process from Labor, I140 then I485. and that is why I needed to know if I need H1 to apply for Labor on EB2.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
BTW is there a chance USCIS can reject my application in case I don't have my job? If they cannot reject my application then I am fine with just EAD until i get my GC.
Thanks.
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satyasaich
09-23 06:29 AM
Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
though hilariously said, you have a point indeed.
though hilariously said, you have a point indeed.
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django.stone
02-01 03:22 PM
and congratulations!
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a1b2c3
02-11 11:48 PM
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
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zCool
12-04 02:42 AM
You were supposed to get 92$ / hr for a LC you applied for in 2001??
exactly what is it that you do/did?
exactly what is it that you do/did?
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tinoue
09-27 08:24 AM
Hi All,
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?
I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
Thank you very much.
-------------------------------------------------------------
EB1 ROW
PD: 08/2006
140: approved in 06/2007 (NSC)
485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
FP notice recieved on 09/24/07
FP appointment (self and spouse): 10/16/07
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fromnaija
07-18 06:54 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.
Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?
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immig4me
04-22 01:44 PM
try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
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sanjay02
08-22 03:07 PM
Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.
- Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.
- If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
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gc_wannabe
06-17 03:30 AM
that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.
It is very unfortunate that your lives can be tied to this dates circus. :(
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
It is very unfortunate that your lives can be tied to this dates circus. :(
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
santa123
09-05 12:12 AM
LOL at this thread:D
bmoni
12-22 11:55 AM
Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
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