sunny1000
04-07 04:02 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
At this time, you don't have to inform USCIS of anything as your status has not changed from "married" to "divorced". There is no "seperated" status in I-485.
If you get your GC and your wife is still back in India, hers will be considered abandoned for a lack of Parole (unless she comes back, renews her parole before Sept 2008 and goes back again).
My personal 2 cents, if I were you, I will make sure that the child's application is intact (unless she is a U.S citizen).
What did your lawyer say?
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pmamp
02-22 11:23 AM
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
gc_nebraska
01-08 11:53 AM
Hi Guys this is my first post and my problem is kind of weird , I entered in the US in 2001 on B1 visa and immediately converted it F1 while I was on F1 I got a job offer and
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
I then converted to H1 didn't graduate and now am on EAD/AP (never traveled since I entered the country i.e. almost close 8 yrs ) and never out of status, my question Gurus :
1) Can I travel on AP ? Will I have problems at port of entry ( currently I just have my B1 visa stamp and nothing else).
2) Or do you'll think I'll hold on until I get my 1-485 is approved ?
3) recently we were blessed with a baby who was born in the US , do you'll think that would carry some weight when I talk to an IO?(port of entry)
Gurus ! Please suggest I know my story is kind of weird but I have a wedding in March. Your humble opinion is needed please.
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franklin
07-16 02:46 PM
You should probably include area of chargeability as well, to help the experts answer. This can make a huge difference as well.
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RollingStone12
04-25 02:42 PM
I live here b4ecause of the country not the PEOPLE who are all mainly A HOLETTES like you
Tell the same to ICE...they will be happy to parcel you along with your son
Tell the same to ICE...they will be happy to parcel you along with your son
jungalee43
10-06 04:11 PM
Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)
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girishvar
07-28 04:06 PM
When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
I am planning a family trip to Mexico for few days and would like to get some suggestion or personal experience on how to re-enter to United States. Here is my situation:
Wife has a valid H4 stamp in her passport which is good for another year. We also applied for travel document after we filed for I-485 but she has never used that travel document. Now the question is what do we use for her, H4 or travel doc, when we re-enter US from Mexico? I can't think of any reason why she shouldn't be able to use her H4 to re-enter but the fact that she also has a travel document, will the officer require her to use travel doc and enter and parole. In that case, does she lose her H4 status and just become a parole or should she not even show the travel doc and just the H4.
Any help will be very much appreciated.
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sundarpn
06-29 01:39 AM
For folks who are past the 180 day period:-
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
more...
gcisadawg
06-25 11:05 PM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
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raydon
10-12 10:30 AM
According to one website http://www.immigration-law.com the USCIS is working on trying to streamline processing I-140 petitions to four months by April 2009. I quote the following from the website
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
--------------------------------------------------------
10/08/2008: I-140 Processing in Four Months by April 2009?
* This is a five-month old information which has just been released. This source of information indicates that the USCIS was hiring and training new employees and by April 2009, I-140 petitions might be processed in four months. It is a good news in a way.
--------------------------------------------------------
Going by the previous track record of the USCIS though, I do have reasons to be skeptical about that. We will find out in April eventually, unless our invididual petitions get approved before that. The only issue is that in the interim we still have the threat to jobs in this bad economy. The other concern of mine is that older petitions might get dumped into another Backlog Elimination Center and they only work efficiently on newer I-140 petitions. That solution would be hell for people with older I-140 applications
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gunabcd
07-16 02:30 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.
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indio0617
07-11 12:34 PM
/\/\ Bump /\/\
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chantu
12-06 10:46 AM
I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.
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vedicman
10-28 12:53 PM
Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)
America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.
what visa are these legal immigrants coming on?
Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.
The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!
America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.
what visa are these legal immigrants coming on?
Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.
The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!
more...
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desiron
08-13 11:20 PM
As per Murthy web site today:
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
Posted Aug 10, 2007 (1:45pm ET)
Thanks
Ron
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EkAurAaya
10-19 10:03 AM
I don't have an A#? Where can i find that.
Should be on your EAD (alien #)
Should be on your EAD (alien #)
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meridiani.planum
04-17 12:09 PM
I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship.
however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:
however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:
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Ram_C
09-29 10:46 AM
Immigrants at USC have helped design a special randomization program for LAX security called ARMOR! Doctoral student, Pankaj Paruchuri, and his professor, Milind Tambe, have designed this special program that will help National Security and enhance the security for all of us!
A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)
I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!
link is broken
A Random Weapon in the War against Terror (http://http://www.msnbc.msn.com/id/21035785/site/newsweek/)
I can bet that the Doctoral student himself must have faced Backlog/ Retrogression at some time! I do not know him, but I think IV should contact him!
link is broken
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mariusp
07-14 12:20 PM
So how do you know it's for an EB case?
chanduv23
07-11 12:42 PM
Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.
Cool - keep us posted. I am calling her too though I am Indian :)
Cool - keep us posted. I am calling her too though I am Indian :)
Jimi_Hendrix
12-30 09:59 AM
Correction:Currently EB3 India is at 8 May 2001. One week is a big difference:D
I wonder how the movement is going to spell out over the next few months. Especially for those with Priority Dates between May 2001 - September 2001. As far as I know the dot com bust had hit hard during this period and not many companies were filing for Green cards during this time.
I agree wth gravitation that lot of people have switched to EB2 from EB3. Obviously everything is up in the air and next few months will tell us better.
I wonder how the movement is going to spell out over the next few months. Especially for those with Priority Dates between May 2001 - September 2001. As far as I know the dot com bust had hit hard during this period and not many companies were filing for Green cards during this time.
I agree wth gravitation that lot of people have switched to EB2 from EB3. Obviously everything is up in the air and next few months will tell us better.
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