coopheal
07-09 08:03 AM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
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gcworkaround
11-26 01:32 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
ajju
09-03 10:50 PM
Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.
Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.
Any help would be appreciated.
Check with your lawyer... (not this old one.. who's so forgotful :-))
Get a better lawyer like Murthy or Khanna... if your life depends on it...
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flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
more...
smartboy75
08-04 07:37 PM
Hi called USCIS to find out about my I-485 application....the lady who answered my call told me that my application was under extended review....she would'nt disclose much nor did I ask any additional info.
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
I did google for Extended review + I485 and found out a couple of links where people have been stuck in extended review for days / months / years....don't know what to make of it....
my PD is May 2004 and RD is Aug 9 2007 ...EB2 India....The lawyers have not received any RFE/ any email from USCIS since the day I have filed my I-485...I found out about it today when I called to just inquire about my case status ...
Anybody else had similar issue or heard about "extended review"...
Admin's any knowledge about what this is....
Thanks
ivgclive
11-01 11:16 PM
I received an RFE for my EAD renewal.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
USCIS is like a child. Just want to hear that from you saying that "I filed I-485" everytime. They belive the xerox copy of 485 you send than the information in their computer.
Keep it as a practic to 'bold' the statement "I filed I-485" + copy of the notice everytime you communicate with USCIS.
It says "Please submit proof that you have filed an I-485 Application"
I have a copy of my receipt of I-485. Would that be enough to send? Why would they ask for proof of I-485? This is my second EAD renewal.
Please let me know.
Thanks.
USCIS is like a child. Just want to hear that from you saying that "I filed I-485" everytime. They belive the xerox copy of 485 you send than the information in their computer.
Keep it as a practic to 'bold' the statement "I filed I-485" + copy of the notice everytime you communicate with USCIS.
more...
Blog Feeds
03-26 08:40 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)
For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:
U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.
The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.
Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.
"The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."
But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.
About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.
In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.
That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)
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sanvika9
03-03 06:12 PM
Hello ,
both father and mother attended visitors visa interview together at hyd counsulate. interview finished on February 18th 2010. no questions to mother in interview just all questions to father only and then said " you will get visa in 5 days " thats all.
Our father passport came with visa stamping on 26th itself that means counsulate gave that to vfs on 24th february.
still our mother passport is with counsulate of hyd only. they didnt give to VFS. i checked with vfs.
Contact Information - U.S. Consulate General Hyderabad, India (http://hyderabad.usconsulate.gov/contact_info.html)
what to do , total 15 days (i.e; 10 working days ) over. in this above link they gave email id of counsulate. shall i send email to them . if i send email will that effect the mother visa stamping approval in any way like negative way. counsulate phone number also there but that is restricted for urgent/emergency purpose. is this will come under urgent/emergency ?
if you suggest me to give email to counsulate my father and mother went for interview in regional language as they are not familiar in english. so on mother name itself shall i give email or on behalf of our mother we need to give email. if you dont mind could you please let me know the what exact good words i need to email to counsulate like sample matter .
please suggest me admin. you might have seen so many members experinces.
Anybody who experinced in this way please suggect me to go in correct way.
I really appriciate you for that. Thank you in advance.
both father and mother attended visitors visa interview together at hyd counsulate. interview finished on February 18th 2010. no questions to mother in interview just all questions to father only and then said " you will get visa in 5 days " thats all.
Our father passport came with visa stamping on 26th itself that means counsulate gave that to vfs on 24th february.
still our mother passport is with counsulate of hyd only. they didnt give to VFS. i checked with vfs.
Contact Information - U.S. Consulate General Hyderabad, India (http://hyderabad.usconsulate.gov/contact_info.html)
what to do , total 15 days (i.e; 10 working days ) over. in this above link they gave email id of counsulate. shall i send email to them . if i send email will that effect the mother visa stamping approval in any way like negative way. counsulate phone number also there but that is restricted for urgent/emergency purpose. is this will come under urgent/emergency ?
if you suggest me to give email to counsulate my father and mother went for interview in regional language as they are not familiar in english. so on mother name itself shall i give email or on behalf of our mother we need to give email. if you dont mind could you please let me know the what exact good words i need to email to counsulate like sample matter .
please suggest me admin. you might have seen so many members experinces.
Anybody who experinced in this way please suggect me to go in correct way.
I really appriciate you for that. Thank you in advance.
more...
dohko
01-11 08:16 PM
any thoughts?
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ksrk
04-10 05:50 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
AFAIK, you are required to file these applications with the NSC. How and why cases get transferred to TSC is not known - mostly speculation.
This isn't legal advice - just based on information I have read up a while back - not sure if anything has changed in the last couple of years...
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
AFAIK, you are required to file these applications with the NSC. How and why cases get transferred to TSC is not known - mostly speculation.
This isn't legal advice - just based on information I have read up a while back - not sure if anything has changed in the last couple of years...
more...
pcs
04-29 01:07 PM
You have to withdraw old LC while filing the PERM hence prepartion can be parallel. It is better for you to file PERM ( you get it in 50 days or earlier) & get 140 ( 2 months after LC) & therefater apply for 3 years H! B extn.
You will not have to go through H1B circus, if you & others support IV & atleast generate $$ which is really driving our effort other than core members.
Best of luck
You will not have to go through H1B circus, if you & others support IV & atleast generate $$ which is really driving our effort other than core members.
Best of luck
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enggr
12-07 09:52 AM
hi beta-Mle,
check the oh law firm immigration-voice website. I believe they have the PDF link
check the oh law firm immigration-voice website. I believe they have the PDF link
more...
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IVFOREVER
02-13 04:39 PM
I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.
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shreekhand
02-19 06:58 PM
For that to happen a number first has to be generated! There is apparently a block (CIS-SSA name verification issue) that is preventing that from happening.
sunnymit,
I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.
If that does not work, send a certified mail to the local office supervisor and SSA HQ.
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
sunnymit,
I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.
If that does not work, send a certified mail to the local office supervisor and SSA HQ.
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
more...
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tempgc
10-16 01:36 PM
I have a question regarding I-485 finger prints. Can I goto local USCIS office for fingerprints without original FP notice. I have a copy of the FP receipt notice sent by my lawyer by e-mail.
Thanks in advance.
Thanks in advance.
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crazyghoda
06-04 11:17 AM
I'd do the reverse. I am currently working on EAD so I dont want any issues with being without an EAD for even a day. I'd apply exactly at the 120 day mark. Even if I lose some valdity, its ok.
As far as AP is concerned, I dont mind if it comes a bit later or even after the previous one has expired.
3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.
As far as AP is concerned, I dont mind if it comes a bit later or even after the previous one has expired.
3-4 days. These days they are fast on approvals. Best thing is to apply AP within 120 days range and apply EAD when 100 days away from expiry. Atleast you will get 2 years EAD and dont need to pay again.
more...
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Hyperized
06-30 06:19 PM
Cool picture.
What type of phone do you have that has that kind of image quality?
Exif data shows:
HTC - MDA_compact_IV .. which is the Tmobile name for the HTC Diamond :P.
It has a 3.2 megapixel camera. I do however believe that it doesnt really matter what camera you use, if you cant make good pictures with a pocket camera then a $2000 camera wont help either ;)
What type of phone do you have that has that kind of image quality?
Exif data shows:
HTC - MDA_compact_IV .. which is the Tmobile name for the HTC Diamond :P.
It has a 3.2 megapixel camera. I do however believe that it doesnt really matter what camera you use, if you cant make good pictures with a pocket camera then a $2000 camera wont help either ;)
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clifford
02-02 06:06 PM
Thank you for replying. My Apr 2008 EB3 PD is so deep in the pit that I better take chances to apply again in EB2 .
Regards,
Clifford
Regards,
Clifford
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mk26
03-30 08:33 AM
Once you take appointment you can call the same consulate and sned required documents and get PIMS verified.
ivuser
02-19 01:06 PM
QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.
QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.
QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.
QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.
QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
hibworker
02-04 04:54 PM
If the question didn't showed up - then it has been removed. Its as simple as that - isn't it. The question cannot magically show up for some and not for others.
Take it easy! Good luck with your interview.
Take it easy! Good luck with your interview.
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