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GC_ASP

07-18 02:01 PM

Nothing to worry dude. Your wife is not out of status. Her I-94 is valid. No issues with 485.
You need to file for her extension for H4 with the new H1b so that she can continue her h4 status after sept.

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varshadas

01-16 09:01 AM

I will join as well.

Thanks,
Varsha

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pmat

07-14 02:36 PM

Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.

Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.

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wc_user

07-16 05:42 PM

Thanks for all your reply. I filed it online and then sent the photos and other requested documentation by mail. I'll wait for the RFE and will let you know what it is about.

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arnet

06-13 08:46 PM

check with your attroney, in general you can do concurrent I-485 filing along with I-140 (or) if your I-140 pending you can still apply for I-485 with I-140 filing. But I never did this, so check with your attroney now and do it. good luck

Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv

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h1bmajdoor

07-12 09:41 PM

dear h1bs.
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.

does anyone have any knowledge of non-citizens claiming social security in india?

as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.

http://socialsecurity.gov/international/countrylist4.htm

has anyone actually seen this happen?

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bayarea07

04-08 04:04 PM

Hello All,
I have a quick question regarding my EAD.

I got my EAD through Company A and then that company got bought Over by Company B, though in my Employer name Section, my EAD is still held by Company A.

Question 1 - So Next Time,if i file for my EAD extension,do i need to file any kind of amednment to speciy the new company B in EAD and all USCIS document

Question 2 - What if Company B decided to close down its newly acquired unilt which is Company A, what happens of my EAD status, will that be invalid now.

Please respond.

Thanks!

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PD_Dec2002

08-16 08:16 PM

But it is too late now :(

Well, thankfully, you are EB2 so you won't have to wait long.

Good luck!

Thanks,
Jayant

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zCool

04-02 08:50 PM

1. You can definitely change the employer and invoke AC21. No issues there..

2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.

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martinvisalaw

09-29 11:42 AM

If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?

She can stay while an extension is pending, even after the I-94 expires, once the extension was filed before the expiration. There is no official name for this status, but it is allowed. By the way, she files the extension, not you.

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martinvisalaw

08-25 03:03 PM

Is there any minimum length of time to be on H4 before applying to H1.

No. Most people are never on H-4 when they apply for H-1B. The only catch is that it might raise a suspicion if a person entered in H-4 status and immediately filed to change to H-1B, say within a couple of days. A difficult CIS officer might consider that this meant that the person entered by misrepresenting their true intention. However, given that there is a cap and the person couldn't start on H-1B until 10/1 anyway, that should be OK.

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voldemar

04-30 05:32 PM

Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
No, no need.

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gc4vk

12-13 02:48 PM

Hello,
My wife is currently working on H1B, she was offer permanent position at the client she is working, she has to get on to EAD to take permanent position.

both my wife and myself got EAD's in Oct 07, my question is does she has to invoke AC21 to get on to EAD.

I am the primary candidate for our GC Process.

Thanks in Advance

Pd: EB3, Aug 04
I 140 : Jan 07
485: Jul 07

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pappu

10-16 12:43 PM

If you are suffering from Namechecks and have a compelling story, pls post in brief on this thread. We will use your stories while speaking with lawmakers and reporters. You may also be asked to speak to the media. Please make sure your profile is complete. No anonymous members please.

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rajuram

05-05 11:28 AM

does anyone know when they will discuss it - in the house and in the senate?

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krishgaay

07-28 11:08 PM

Hi,

I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.

My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.

2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.

3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.

4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.

Any advice on her options is appreciated.

Thanks,
Krishna

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Bpositive

02-01 11:55 PM

Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..

1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.

2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?

Please...appreciate responses from those who have gone through this themselves..

Thanks. Man..this has been an ordeal....

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micbil

03-29 12:16 PM

Hello,

I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.

Thanks

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rayoflight

05-08 12:40 PM

Friendly Reminder about DC/MD/VA Chapter Meeting

DC/MD/VA Chapter Meeting

Date: 05/09/2009
Time: 3PM - 5PM

Location: Conference room at Tysons Pimmit Library

Address: 7584 Leesburg Pike Falls Church, VA 22043 - (703) 790-8088

Thank You,
Rayoflight

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sweet_jungle

07-27 05:17 PM

Hi,

There seems to be a lot of mixed information about F1-OPT and I-485.

My wife is on a F1 visa. She will be finishing school soon. She also has a pending I-485 linked to my application and an "approved" EAD.

Can she apply for OPT?

I will appreciate if someone can shed light on this.

Thanks.

She can apply , but most probably it will be denied. The I-765 form that will be used will have a question regarding previous employment authorizations applied for. She will have to mention about the EAD. Hence, USCIS will see the person has a pending I-485 and will deny the OPT. It is better not to apply.
The EAD that she has gives all the benefits of OPT. the only risk is she no longer has any backup F1 status if something happens to 485, but there is no way this can be averted.
Only thing you can do is when she works on EAD, ask that company to file H1 whenever possible, which anyway the company would have done if she worked on OPT. That way she will get backup H1 status

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neeidd

08-05 12:20 PM

We will not see any approvals unless we act togther and campaign for our cause. Please join us. More details at
http://immigrationvoice.org/forum/showthread.php?t=20657
The thread you linked for I-140 delays. I am asking about I-485 approvals :)

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