GCBy3000
09-25 02:33 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.
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sparky_jones
09-15 12:52 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congrats. Good to see an EB3-I approval. This is something we get to see rarely here. Hope you are able to celebrate with your family soon!
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Congrats. Good to see an EB3-I approval. This is something we get to see rarely here. Hope you are able to celebrate with your family soon!
Aah_GC
06-17 08:14 PM
Your EAD / AP renewal is on the basis of your pending I485 application, it has nothing to do with the validity of your I485 or AC21 application. AC21 is a privelege you can use to get away from retrogression for a bit, but does not gaurentee you a Green Card.
Hope this helps.
How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
Hope this helps.
How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?
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fromnaija
07-21 03:45 AM
If by Phoenix you mean Phoenix, Arizona, You are welcome! I live in Phoenix. I hope you are prepared for the HEAT!
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
You could use your current address to file and change your address later using form AR-11. However, after submitting the form you have to call USCIS customer service to effect the change of address on your outstanding cases. Alternatively if you change your address online through USCIS web site, you don't need to call customer service. But I'll advise that you call them anyway. Good luck.
I am moving July 25th,07 from New York to Phoenix.
Which address I should to give attorney to File AOS.
She plan to file before July 31st,07.
But so far we didn't found Apartment in Phoenix.
Thanks in Advance.
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karan2004m
08-04 11:23 AM
I read a stupid thing in one of the thread
"I-140 will not be approved until PD is current" ,
Is this true?
"I-140 will not be approved until PD is current" ,
Is this true?
jthomas
12-04 08:41 PM
If my wife is a US Green card holder and i am in H1B and if we both file for candian green card and move to canada for a week for stamping. Would it create a problem on US citizenship for my wife.
the third rule on the first thread.
the third rule on the first thread.
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santb1975
11-16 08:06 PM
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With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
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arunmohan
06-09 05:07 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.
Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.
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AB1275
12-17 11:00 PM
I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
Now answers to ur quiries
1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
Wish u luck
Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.
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nousername
04-29 08:46 PM
There is no limit as to how many companies can apply for your H1 transfer. 2 or 10 is the same.. The idea is to get a reply ASAP. I would suggest to apply under premium process
To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.
I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..
God bless..
To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.
I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..
God bless..
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minimalist
10-08 02:50 PM
Could you share how you received the original 485 receipt? I only received a copy of the receipt. Can we request one from USCIS?
Yes I did.
Yes I did.
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sankar_203
04-01 04:54 PM
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
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Chelo
02-07 10:19 PM
I did it all by myself, following directions found here and there around the forum. I got the working permit in about a month. Hope it Helps
Chelo
This is my cover letter and I did everythig as it says:
To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy
RE: Original Submission of Application for Employment Authorization
A# ?????????
Dear Sir or Madam:
Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:
Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice
Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,
Mr. XXXXXX
Chelo
This is my cover letter and I did everythig as it says:
To: U.S. Citizenship and Immigration Service
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
From: Mr. XXXXXXX
ADRESS st,
City, State, zip code
Tel: (111) 123-4567
Email: whatever@whatever.net
mm/dd/yyyy
RE: Original Submission of Application for Employment Authorization
A# ?????????
Dear Sir or Madam:
Please find enclosed the application package for Employment Authorization (I-765) of me, Mr XXXXXXX.
Aplication form and Supporting documents are enclosed arranged as follows:
Form I-765 (EAD) dully filled
Filing Fee: Personal check in the amount of $340, payable to the U.S. Department of Homeland Security;
Receipt notice of form I-485, copy of the receipt,
Identity Document: copy of Visa issued by Consulate, copy of Driver License,
Photos: Two color passport photographs placed in an envelope;
Other supporting documentation: Copy of I-140 approval notice
Kindly, process the above referenced application at your earliest convenience.
If you have any questions or need additional information, feel free to contact me at any time. Thank you in advance for your consideration to this matter.
Best regards,
Mr. XXXXXX
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saatiish
05-14 12:02 AM
something new, I did not know that.
BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.
A slightly off topic - but how did you know that your 485 was approved ?
Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.
BTW, I got labor approved on 3/1/2010, 140 on 3/25 and 485 approved on 5/5.
A slightly off topic - but how did you know that your 485 was approved ?
Can you tell us in detail how you got this information about your case ? I want to know if mine is approved or not.
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vandanaverdia
09-09 03:13 PM
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pappu
05-11 01:16 PM
thanks, it worked.
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Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
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pappu
06-09 10:28 AM
My $50 (3626-8870-3772-9306) for this effort.
Thank you everyone for the contributions. While have still not met our target, we need to continue this funding drive for some time. We have to pay several outstanding bills associated with this event. It can only be done if all members contribute. Now that the event is over you can see the work we have done, see the photos and hear from others that came to DC how successful it was.
Let us push this thread and keep it on top.
Thank you everyone for the contributions. While have still not met our target, we need to continue this funding drive for some time. We have to pay several outstanding bills associated with this event. It can only be done if all members contribute. Now that the event is over you can see the work we have done, see the photos and hear from others that came to DC how successful it was.
Let us push this thread and keep it on top.
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vasired
08-15 03:14 PM
485 RD:6/29
485 ND:7/25
FP ND: 8/8
FP Date:9/4
485 ND:7/25
FP ND: 8/8
FP Date:9/4
GC_1000Watt
05-25 01:41 AM
Don't think you can do anything about PIMS its a hit or miss. i got my visa renewed 7th year in Feb a few weeks before DS 160 came in to play. It was fairly smooth infact I felt they were much more organized this time then in the past years. If I recall my appointment was for 9:15 am I reached outside the consulate at 9.00am. They had us and the groups that I can't recall the term but indian co's that had groups of their peeps attending visa interviews in separate lines. Have your passport, original 797 and fee receipt together while waiting and from then on the usual. I have never seen or used the Strips Lounge but then I am a local too so comfort level with that. Good Luck.
Thanks much!
Thanks much!
yestogc
06-30 01:37 PM
You can have 2 H1B active at one time, but one should be fulltime and other which we call as concurrent H1B (part time).
As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.
The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.
As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.
The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.
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