deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
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Homemaker
08-11 06:42 PM
I assume that this new immigration will definitely work if all the members vote for it and am sure it will surely have impact on our lives once it passes.Hope for the best always.
namm80
01-10 08:43 PM
prout02: You mind sharing if you are in the Bay Area, CA or elsewhere? It seems to me there are 2 variables to this FP scheduling:
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
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pbuckeye
07-27 02:46 PM
I submitted all the documents except for the client's letter.
Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?
Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?
more...
swamy
12-24 10:22 AM
Yes congrats indeed! lets help reclaim the true American spirit
Rajwaitingon140
12-18 12:21 AM
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
more...
ajay_hyd
02-08 12:53 PM
If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.
correct me if i am wrong.
correct me if i am wrong.
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suratvoice
12-17 11:59 AM
What does career progression mean ?
Moving from Senior Programmer Analyst > program manager.
This is a very gray area.
Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.
but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...
so the question remains... is career progression
from
programmer/ software engineer/ software developer/ programmer analyst
to
project manager/ program manager/ product manager
possible?
We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.
experts/attorneys/experienced people.. your opinion??
Moving from Senior Programmer Analyst > program manager.
This is a very gray area.
Thats the problem, I read a quote somewhere that the Ac-21 is designed to be vague so that there is a lot of leeway - if it was specific then it would be too limiting.
but since there is hardly any precedent, new people are worried. now this is also on an off chance that there will be an RFE, based on what i read, there might not even be an RFE. i see that you have PMP, so do I, maybe thats one of the reasons i got this job...
so the question remains... is career progression
from
programmer/ software engineer/ software developer/ programmer analyst
to
project manager/ program manager/ product manager
possible?
We know that it is logical that as a person gets senior, more responsibilities are put on. some prefer to stay on the hard core technical side but some prefer not to.. nothing wrong with either approaches.
experts/attorneys/experienced people.. your opinion??
more...
speedo
08-05 11:49 AM
I filed 485 with G28 form and I just got the receipt yesterday.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
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gene-O
10-20 05:57 PM
Still looking for a knowledgeable response specifically to the questions asked.
more...
arunmohan
11-16 12:35 PM
bump
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amohale
02-26 12:26 AM
Please help me with my case.
I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.
The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.
the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.
So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.
I am changing my employment and trying to port my PD.The company I am joining is filing for a new Labor for me. My previous employer (A) with who I worked 5 years in US is not cooperating and is threatening to cancel my I-140. which is not a big deal because my I-140 has been approved for more than 180 days and I can retain the PD.
The problem is with their experience letter. I have a post dated letter from them which they gave recently mentioning 4 years and 11 months of experience out of 5.2 years I have worked with them. It is on company letterhead and lists my title, joining date, responsibilities but does not mention my skills: Java. This is a pure consulting firm with around 50 employees. I don't know any of the other employees except for one who I referred. she was with the company for almost 3 years during my 5 years stay.
the Perm that is getting filed for me required 5 years of experience. Since I cannot get a letter from someone in Company A showing all 5 years, is it ok to have this friend of mine show 3 years during her stay. I will not have a letter from a colleague for other 2 years.
So, it all boils down to, can my ex-colleague's affidavit for partial experience from a previous employer, along with a experience letter on company letterhead do the trick for me in case of a RFE. I will really appreciate your help in determining what is the best way to approach as I have other employment options available and my current employer is using every tactic to keep me back.
more...
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Life2Live
12-10 01:00 PM
It looks like it is not even safe using AC21 after 180 days. Look at the following thread:
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
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GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
more...
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amslonewolf
08-15 11:45 PM
Hi -
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
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kaisersose
12-07 12:05 PM
A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?
Thanks in advance
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks in advance
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
more...
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jay75
05-06 11:23 PM
Both my wife and myself got soft LUD today on 485. Aug'07 filed, EB3 India, PD 2004.
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punjabi
09-29 09:57 AM
My cousin went for her sister-in-law's wedding and at New Delhi airport, the Customs Officer asked her to show the bag. Apparently, there was good amount of jewelry. And she had to declare it in her passport.
She was not charged any duty but she had to show it again during the departure.
Hope it helps.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
She was not charged any duty but she had to show it again during the departure.
Hope it helps.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
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desi3933
03-27 04:07 PM
.....
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
moe
02-11 07:49 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
My question to you .. my lottery case priority date can be use for my eb3 case?
meridiani.planum
08-06 12:38 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.
Though first things first: chill out, its champagne time!! Enjoy!!
congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.
Though first things first: chill out, its champagne time!! Enjoy!!