kondur_007
07-30 07:32 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
I am sorry for what happened to you my friend.
This is what I would suggest:
1. Contact your attorney in US and consider options.
2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.
Good Luck.
(PS: Just like it says in above post, you can not apply 485 while outside US)
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
I am sorry for what happened to you my friend.
This is what I would suggest:
1. Contact your attorney in US and consider options.
2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.
Good Luck.
(PS: Just like it says in above post, you can not apply 485 while outside US)
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dipu76
06-01 05:53 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
pappu
01-07 07:18 PM
http://immigrationvoice.org/
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
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tuhin
07-17 11:04 PM
Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.
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unitednations
02-27 12:27 PM
Hi all
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
meher
12-24 11:48 AM
Thank you Swamy and Reachinus.
Reachinus
That is definetly helpful.
What is substitue w2. Please send me any link that can give me more details.
Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?
Reachinus
That is definetly helpful.
What is substitue w2. Please send me any link that can give me more details.
Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?
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Munna Bhai
12-14 09:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
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tharu
06-29 12:32 PM
Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
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REEF�
06-11 03:59 PM
VDAMINATOR!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...
Nice work :beam:!
THAT BRA LOOKS LIKE IT WAS DRAWN WITH PHOTOSHOP!
You p0rn lover...
Look at that...the right side doesn't even have that strip. And she's wearing a white one thats just probably coming off...
Nice work :beam:!
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alkg
10-25 06:38 PM
Dear IV Members,
I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.
Plz help me out as to how can i fix the exchanged dates ???????????
I will be really thankful to you
Thanking
alkg
I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.
Plz help me out as to how can i fix the exchanged dates ???????????
I will be really thankful to you
Thanking
alkg
more...
GCwaitforever
04-10 02:21 PM
Also lots of people are putting the PD as April 1st 2001. Not sure if this is correct.
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Pagal
08-04 12:16 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
more...
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BimmerFAn
06-23 12:58 PM
Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
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sravani
05-24 09:22 AM
Please go ahead with the filing especially when your employer is bearing the expenses.
Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.
Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.
more...
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STAmisha
06-20 07:46 AM
Friends
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process
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jonty_11
07-24 12:04 AM
BEtter go with lawyer...$400 is not much and will save u headache later on dur to name mismatches.
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purgan
08-15 03:17 PM
congrats grupak. enjoy the freedom
Thanks for your contributions to IV.
Thanks for your contributions to IV.
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reddy_h
01-07 10:38 PM
You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.
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Munna Bhai
12-14 09:42 AM
Munnabhai,
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.
gcnirvana
10-25 05:31 PM
Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
Go figure...:confused:
Go figure...:confused:
gc_75
07-17 08:58 PM
As far as I know, nobody is disputing that.:)
just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??
just wanted to confirm one thing again ..does this mean we should definitely be getting our EAD's ??
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