raysaikat
04-17 12:46 AM
Here's our situation:
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.
My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.
My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.
Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?
Here is what I understand, but make sure you seek professional opinion before making any move.
He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.
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Hong12
02-04 01:12 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
mvinayam
08-12 11:07 PM
On 2nd July, what time was your i-485 application received at NSC?
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
Hi,
My application reached NSC on july 2nd 10.25 am & the LUD on my I-140 was changed on July 28th still no receipt notice or the cheque got cashed. No idea whatz going????
So I guess the LUD change is nothing relevant to I-485 filing.
Thanks & Regds
MV
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jlt007us
09-14 04:03 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
more...
RajForGC
02-10 02:46 PM
I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks
Thanks
dreamgc_real
09-14 08:21 AM
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!
more...
harrydr
08-17 02:04 PM
Please update your profile, only then someone be able to answer your question.
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p_aluri
08-03 06:51 PM
I would say second one is correct...
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
Hi All,
I am not sure whether this has been answered earlier. Here is my situation.
My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer
Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.
Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.
Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.
So I am confused in this case and my employer will believe in what the company law firm will say.
So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?
Thanks
more...
123456mg
07-22 03:20 AM
I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.
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sanjeev_2004
08-13 10:41 PM
LUD mean every one whose LUD happend today will get Reciept next week or it means batch mass update.
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madanreddy
03-14 01:55 PM
Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.
What are my options? I am in status?
Thanks for your advice.
What are my options? I am in status?
Thanks for your advice.
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Blog Feeds
04-28 08:40 AM
From Politico.
More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-considering-bringing-immigration-bill-directly-to-floor.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/reid-considering-bringing-immigration-bill-directly-to-floor.html)
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javacool2008
09-17 01:07 PM
The fees nearly tripled, and the services we received are worst than ever. Ain't we the customer to USCIS or it is the other way around. So we pay to get abused and we pay more to get abused even more.
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bah9422
08-12 04:31 PM
tom and everyone,
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
more...
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Dhundhun
03-30 12:42 AM
Read AVR rules.
http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.
http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.
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Beemar
10-01 11:47 PM
... If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don’t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)
Now now, you don't have to be so sarcastic, do you? Our career in America is a purely economic venture. It is beneficial to both us and USA. We get good money working here and US gets skilled labor for its labor starved hi-tech industry. After all US does invite us to work here by giving us work visa, isn't it. Do you think US will be churning out work visas if they can find sufficient US citizens tech workers? So pal, its all business, nothing personal. You don't have to make snide remarks on your motherland in order to justify your stay in US.
Now now, you don't have to be so sarcastic, do you? Our career in America is a purely economic venture. It is beneficial to both us and USA. We get good money working here and US gets skilled labor for its labor starved hi-tech industry. After all US does invite us to work here by giving us work visa, isn't it. Do you think US will be churning out work visas if they can find sufficient US citizens tech workers? So pal, its all business, nothing personal. You don't have to make snide remarks on your motherland in order to justify your stay in US.
more...
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yabadaba
08-14 02:01 PM
i am 7:55 NSC r williams too... no receipt yet :(
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sparky_jones
04-25 05:59 PM
Don't sweat it. I too overlooked this field during my last e-filing in 2008. The date of last arrival field is easy to miss, since it is embedded right under a set of "previous EAD" fields, some of which you would likely leave blank if you don't have too many previous EADs. I simply included this data item on a separate piece of paper with my supporting documentation. I didn't face any delays in my EAD approval...it was approved in a few weeks.
I don't think this is any cause for concern.
I guess USCIS IT department does not have the budget to hire a usability expert to review their e-filing forms. Some of those forms look like "hello world" projects. :)
This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!
How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.
Really pissed off! Very bad mood today!
Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!
Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!
I don't think this is any cause for concern.
I guess USCIS IT department does not have the budget to hire a usability expert to review their e-filing forms. Some of those forms look like "hello world" projects. :)
This is my second renewal, first time did it online it was smooth! This time the online process seemed little different, they were asking for few info at a time and we got to click the continue button...I was just doing fine and was waiting that at some point it would show the complete application for me to review, but I got to the last page and said something like "Submit" or "Finish" and I did ...everything was ok got the confirmation....OOPS, left the date of last arrival blank! Had put the Port of arrival correct, but left the date blank!
How is this going to affect my EAD, anyone had similar experience ? In the confirmation, it had instructions that I will get notice for finger printing appt and other documents to be sent.
Really pissed off! Very bad mood today!
Can't the system check for missing information! Even mom & pop online services check for all information before accepting! Anyways, no excuse for me , I should have been careful!
Anyone who got a RFE for missing to information and how long it took after responding to the RFE, Please share your experiences!
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kirupa
10-05 09:00 PM
I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)
abhishek101
01-13 03:39 PM
There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.
If it is caught then they will cancel your H1b and will invalidate your GC.
If they do not you are good :D
If it is caught then they will cancel your H1b and will invalidate your GC.
If they do not you are good :D
paskal
02-22 06:35 PM
you cannot apply for an H4 until your waiver is complete
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
does not matter how long you are on a J1, once you get one, you are a marked man.
similarly there is no question of filing a 485, even if you could file it there cannot be an approval till the waiver is done, likely will be rejected.
do please ask an attorney though.
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