Ramba
10-24 11:49 AM
Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
Now the question I have is.
1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?
Let me know what you guys think. On mountain crossed and still more hills keep coming.
Talk to lawyer. My feeling is that if she had H4 status before leaving US and just got a renewal, she can come on H4 visa though your GC is approved when renewal is pending. However she should have applied the renewal before your GC is approved. Also, filing 485 may not cause any issue.
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EB2_Jun03_dude
11-29 09:31 PM
thanks for the info .. i think i will schedule a medical appt for dec 10th.
Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.
My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php
Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.
My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php
H1Girl
11-12 05:31 PM
The original poster "getrdone" wrongly pressed panic button. There is no change from 2004 thru till now. I went to mexico several times for stamping. I have seen several people who got stamping for H1-H1 & F1-H1 (Safe), H4-H1 & B1-H1 (Lucky guys)...In anycase, taking Mexican Visa (though absolutely not mandatory) is advised
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CADude
04-07 11:01 PM
My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
more...
amitkhare77
01-30 10:00 AM
please see my response
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
maintenance), Effectively guide the team, collaborate with other team members and
provide quality software solutions to accommodate business needs.
I hope this helps
Any help is really really appreciated.
desijackass
11-12 04:38 PM
Also says no change expected in the coming months.
See bottom of the bulletin.
:(
:mad:
F. VISA AVAILABILITY IN THE COMING MONTHS
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two week
See bottom of the bulletin.
:(
:mad:
F. VISA AVAILABILITY IN THE COMING MONTHS
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two week
more...
saileshdude
03-25 11:10 PM
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.
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Krilnon
11-10 10:31 PM
I suspect that you're fine because it's still the 10th (and it'll be the 10th for a few hours more in Kirupa's timezone)!
more...
hoolahoous
11-01 11:58 AM
part 3, item 2: "Have you received public assistance in the United States from any source, including the U.S.Government or any State, county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future?"
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
not sure what your point is. the list clearly states
"Unemployment compensation is also not considered for public charge purposes."
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madan
01-11 01:17 PM
Can you please help me to get the form .
Can i complete that and send to USCIS?
Thank You...
Can i complete that and send to USCIS?
Thank You...
more...
rbashir
09-01 09:18 AM
I am sorry for posting it multiple times, but I do really need some guidance, and some information I am hoping somebody may help me in my RFE.
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saps
11-06 03:53 PM
How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
more...
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shantanup
10-15 08:25 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
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glus
09-24 09:00 AM
Usually it comes to lawyer.
more...
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singhsa3
02-28 10:20 AM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
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orangutan
03-15 09:10 AM
You are not wrong.:)
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Hey check this prediction out.
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
BTW what pesticides are good for indoor plants?
Hey check this prediction out.
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
more...
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gc28262
03-25 03:52 PM
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
Probably this is a simple RFE to answer. But it is puzzling why they raise such RFEs.
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number30
11-24 04:06 AM
Hi All,
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
Usualy Following is the list
AP application
2 photos Photo
Check
I-94
A letter explaining why you need AP(sample letters from ),
Copy of I485 receipt
Covering letter
Copy of Arrpoved I-140
Marriage certificate
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
Usualy Following is the list
AP application
2 photos Photo
Check
I-94
A letter explaining why you need AP(sample letters from ),
Copy of I485 receipt
Covering letter
Copy of Arrpoved I-140
Marriage certificate
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chanduv23
08-03 10:31 AM
The reason they seem to be doing this is because of the kind of recomendations they get from various sources which complain about how the website is not helpful or how it is difficult to track information etc...
One has to understand that such traditional type organizations have their own pace and deal with things in their own way.
The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.
One has to understand that such traditional type organizations have their own pace and deal with things in their own way.
The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.
diptam
06-24 06:34 PM
I can't answer your 1st question but you can spend a day and get a new Passport from NY consulate in the same day....
I also did the same thing last week - my old passport is valid for another
9 months but 485 takes long time and by that time if my PP No changes communication that is again a hassle.
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
I also did the same thing last week - my old passport is valid for another
9 months but 485 takes long time and by that time if my PP No changes communication that is again a hassle.
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
humsuplou
03-09 01:30 PM
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks again!!!
Thanks again!!!
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