hazishak
07-31 11:25 PM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
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logiclife
04-15 06:54 PM
I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.
2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.
By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.
Here is the deal when changing the location while GC is pending:
1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.
So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.
2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.
Templarian
11-24 10:02 AM
No members have written a tutorial for Flex as of yet. Kirupa has said it a thousand times there has to be valid tutorials for there to be a forum (a simple search would have shown this).
My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.
Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.
Search Results:
http://www.kirupa.com/forum/showthread.php?t=289365
http://www.kirupa.com/forum/showthread.php?t=276516
My suggestion write a few well written tutorials on flex specific topics and submit them to Kirupa.
Also Kirupa is a MS developer so its only inherent that he writes what he knows best... I don't think he really even uses Flash very much anymore, except when he wrote that tutorial about some of the new features.
Search Results:
http://www.kirupa.com/forum/showthread.php?t=289365
http://www.kirupa.com/forum/showthread.php?t=276516
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immi_seeker
10-05 12:29 AM
Based on current estimates, it will be 10-15 years time, unless u r son/daughter can sponsor you prior... u will end up in family quota wait still.
I am not sarcastic this is the reality,
May be there wil be a big queue for that also at that time
I am not sarcastic this is the reality,
May be there wil be a big queue for that also at that time
more...
Canadian_Dream
04-15 02:25 PM
Please don't feed the troll.
dngoyal
07-27 02:12 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
more...
bhayzone
05-01 08:21 PM
First a totally unrelated topic. Doesn't the portal send email notifications when someone replies to your post etc? I am a new member to this portal and was trying to find my post, but got lost in all the immigration related sites out there because I wasn't able to remember where I had posted :P . I really apologize if you thought that I had disappeared after posting.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
Back to the main topic. Now my H1 and wife's H4 is transferred and extended. We have the approval notices with the new I-94's. I am really confused about the visa stamping question.
1] Do I first get our new H1B/H4's stamped (the old visa is valid till 10/2008. new one is valid till 10/2011)
2] Then get I-20 for my wife
3] Then get her F1 stamped.
Now the main question is, can I directly go for her F1 stamping, without the need to go through the intermediate step of H4 stamp. I ask this because the I-20 will be issued on the new I-94, but the stamp on the passport is still the old one. So basically what I want to do is, go to our home country, get my H1B stamped and simultaneously get her F1 stamped too. I have a bad feeling that I will have to get the H4 stamped before I do the F1. Please advise.
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ibbu_arif
11-17 03:03 PM
Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.
But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..
"Are you referring to AP extension petition or the Original GC petition?"
Any other opinions from other Gurus of the forum?
I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
more...
desi3933
07-19 11:35 AM
Hello IV Members,
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
I have a question about my Wife status(H4) here in United States, My I-485 (EB3/PD DEC 2003) got approved on July 16'th and my lawyer says they have applied my wife I-485 application on July 17'th after USCIS released rescinded July 2'nd bulletin.
My I-485 was applied before our marriage,Can anybody please share some thoughts on my wife status(H4) at present??.
Any help on getting more information will be greatly appreciated..My lawyer says she should be fine.please share your experiences.
Thanks.
You are ok.
Your wife had 180 days to file her I-485 after your approval. And that has been already filed. So no need to worry.
And, Congratulations for your I-485 approval. Welcome to the GC club.
______________________
Not a legal advice.
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MahaBharatGC
08-15 10:22 AM
I dont think that the priority dates will become current by next year october for 2003. I really pray for that to happen as we are all going to go through...
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
We all know that working as a consultant without GC is very risky when market goes down.
So, play your cards safe....
more...
leoindiano
03-17 10:45 AM
and years too...I am talking about cases with india-2004-PD only.
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
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gjoe
10-05 09:41 AM
The best way to first start the changes to happen is to file a law suit against USCIS. If we can find a bunch of people would have the same kind of application credentials and different PD were the later PD application was approved we can sue USCIS for losses in personal life and career due to their ineffeciency.
How many of you would be intersted in a law suit like this. If we have even a hunder people to file a law suit we will get more media publicity and our problem will get more recogniction than rallies and lobbying.
How many of you would be intersted in a law suit like this. If we have even a hunder people to file a law suit we will get more media publicity and our problem will get more recogniction than rallies and lobbying.
more...
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GCcomesoon
08-25 04:38 PM
Hi
My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.
Here are the case details
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
my case - I131 - approved - 7/24/07
spouse case - I131- approved- 09/12/07
EAD approved for spouse - 08/20/07
EAD approved - 10/25/2007 - for me
LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
FP scheduled - 12/12/2007 -
Case approval for me (email ) - 04/24/08
FP( for 485 ) -05/17/08
Physical card- 08/03/08
Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )
My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.
Here are the case details
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
my case - I131 - approved - 7/24/07
spouse case - I131- approved- 09/12/07
EAD approved for spouse - 08/20/07
EAD approved - 10/25/2007 - for me
LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
FP scheduled - 12/12/2007 -
Case approval for me (email ) - 04/24/08
FP( for 485 ) -05/17/08
Physical card- 08/03/08
Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )
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blacktongue
01-20 08:00 AM
Don't EB3 have no example to show?
more...
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DDLMODES
10-09 06:35 PM
Hello guys,
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
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vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
more...
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sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
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daishwarya
07-20 02:50 PM
@Suvendra, sent you a private message. Please check.
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lenbin
07-06 12:17 PM
@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
jayram123
07-12 12:05 AM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
It sounds like it's true. Man! I just wish somebody holds them accountable for this. Despite all efforts from DOS to not waste any more numbers by making all categories current, USCIS still wastes them. Shameful! USCIS should be completely rehauled.:(
kirupa
11-25 03:05 AM
Star...wha??? I just thought it looked cool :P
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