up_guy
09-27 01:59 PM
The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.
Thats not ture. PD can be ported at the time of I-140 filing
Thats not ture. PD can be ported at the time of I-140 filing
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gg_ny
09-06 02:29 PM
Happened to us in May. Mine came after a week, but the dates were the same for both of us. I think it would not hurt to walk along with your spouse and try to do a walk-in.
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
Dear All,
I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.
1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
2. Can my wife get it done without me getting an FP notice?
3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?
Please help us with your expertise. Thank you very much for all your time.
PD: Aug 2005
EB3 INDIA
Nebraska
up_guy
09-27 01:59 PM
The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.
Thats not ture. PD can be ported at the time of I-140 filing
Thats not ture. PD can be ported at the time of I-140 filing
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prabirmehta
03-22 11:22 AM
Thanks! S1932 might have been the law he was talking about. I think his job was more to reassure people that they were working on the problem... he didn't seem to be aware of the specifics. He did mention that Senator Chambliss is going to support Senator Specter's proposal.
more...
gccovet
06-12 05:30 PM
Hi All,
I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.
Company B has bought Company A. What should I do now?
1) Do I have to ask them to file a fresh H1?
2) how would the GC process be transfered to the new company that took over?
I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.
Can someone shed some light on this scenario?
Thanks,
RC:o
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
I was sponsored by Company A. Also they are sponsoring my GC. I have a pending i-485 since my PD is Nov2006.
Company B has bought Company A. What should I do now?
1) Do I have to ask them to file a fresh H1?
2) how would the GC process be transfered to the new company that took over?
I asked the greedy owner of company A (my so called sponsorer, but as usual I paid for all the expenses), he said there is no problem with regards to my immigration status.
Can someone shed some light on this scenario?
Thanks,
RC:o
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement� would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
logiclife
06-20 02:13 PM
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
more...
ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
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Sachin_Stock
02-03 10:37 AM
I don't know! but if you think sth is not right in that article we can discuss.
Defensive post :)
What makes you think I am suspecting the content in that article? ;)
Defensive post :)
What makes you think I am suspecting the content in that article? ;)
more...
manjunathpv
09-21 01:11 PM
Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.
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dxldad
05-12 01:25 PM
Hello,
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.
I'm planning to get immigration medical examination done for my wife. We're also planning for pregnancy.
One doctor said we should not try for pregnancy for 4-6 months once she get the shots. He also said he will give a waiver for now for the shots but USCIS will ask for it later. Is that a good idea?
Another doctor said she can do a blood test and determine if she needs the shots.
Any body in the same situation?
Check with your OB/GYN for important matters like this. Also, we had taken most of the vaccinations in India and they could identify the antibodies through blood tests. You could even get the blood tests get at your PCP earlier. Also, check webmd.com. It is a good resource, or you could call up the nurse line that most insurance companies provide now.
more...
howzatt
04-13 12:25 PM
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
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bibs
07-26 10:11 AM
I havenot received the I-485 receipt yet , is it mandatory?
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gc_buddy
11-19 12:17 AM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
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wandmaker
02-18 01:08 PM
Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.
I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA
I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
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BharatPremi
12-21 07:59 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
Thanks for your help...
Truth:
------
USCIS has decided to keep EB2/3-IN,China,Mexico,Philipines applicants in virtual jail for an average 7 to 10 years. So in reality it does not matter what you choose. Whatever you select you will be at mercy of USCIS. Only one thing you should do, in my opinion, not to become monkey if your real goal is to achieve GC in short span of 4 to 5 years. As you hop trees add more number of years per hop. By the way this is the first month you see EB2 retrogressed.
EB3 was in hell for last 4 years. So I am seeing at least 2 years for EB3 moving fast. Your category will be in real effect after at least 4 years of your filing and you can not predict what will happen after 4 years. Only one action is in your control and that is not to hop seeing short term gain."Exploitation from employer" OR "Temporarily seeing particular catgory moving fast or slow" are not good reasons for hoping in the path what USCIS has defined. SO if you try to cross that then you will be in this hell for more years. Whatever you select stick to it till the day you get your GC.
more...
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questions
06-10 10:07 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
-Sri
Hi Sri,
thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?
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Legal_In_A_Limbo
01-14 05:55 PM
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
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485Mbe4001
06-13 11:58 AM
My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
apple
09-10 12:01 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
msyedy
12-14 02:26 PM
Just making speculations........Stop ..(Yes or No)
Fight should be our motto.
I am with you jansilal but we need to fight. Get our word to senators/House
Fight should be our motto.
I am with you jansilal but we need to fight. Get our word to senators/House
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