roopamadhu2004
03-14 12:45 PM
Employer 1(Very small company and doesn't exist anymore):
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
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arihant
07-31 05:41 PM
This is to track TSC. NSC is sailing ahead with receipt notices while TSC is crawling.
vin13
12-21 04:06 PM
I have to do a emergency travel to India and I did not get my advance during that time. I went to USCIS office in person and got the advance parole and flyed to India.
Back in US I learnt from my wife that I got another copy of Advance parole which I have applied earlier. Both Parole documents look different in format and the one which I got from USCIS office does not have the SRC nubmer on it.
If my wife sends the recent Advance Parole documents via FEDEX, not sure which document I should show up at port of entry..Plese help.
Thanks,
Sury
Both are valid Parole documents. But technically you are supposed to have the approved advance parole documents with you before you leave the country. So it would be better for you to use the one you got from the USCIS office for this trip.
Back in US I learnt from my wife that I got another copy of Advance parole which I have applied earlier. Both Parole documents look different in format and the one which I got from USCIS office does not have the SRC nubmer on it.
If my wife sends the recent Advance Parole documents via FEDEX, not sure which document I should show up at port of entry..Plese help.
Thanks,
Sury
Both are valid Parole documents. But technically you are supposed to have the approved advance parole documents with you before you leave the country. So it would be better for you to use the one you got from the USCIS office for this trip.
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bestfuture
05-26 02:53 PM
Hello, I lost my job today, but I have H1B. So what's the time gap for finding a new job?
Thank you very much.
Thank you very much.
more...
keiryu
10-08 01:57 PM
have your friend look or ask for where the nearest USCIS office is with a deferred inspection office. they can fix it there.
gary_bydesign
10-13 09:09 PM
nice but your button text is not the same size and position when you rollover them.
the small false looks too small and moves left a bit.
(try rolling over them like true false true false)
but nice bits from swift looks like you read the help file lolol.
(me too)
the small false looks too small and moves left a bit.
(try rolling over them like true false true false)
but nice bits from swift looks like you read the help file lolol.
(me too)
more...
Blog Feeds
06-02 09:40 AM
Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law. Even as several states are enacting marriage equality laws and anti-discrimination laws are moving forward around the US (including here in my home town of Memphis), the antiquated Defense of Marriage Act prevents USCIS from treating these families fairly. The UAFA would be a huge step forward. The Senate will have its first hearing on the bill tomorrow. My friend Chuck Kuck, president of the American Immigration Lawyers Association, has posted his written statement here. Thanks to reader...
More... (http://blogs.ilw.com/gregsiskind/2009/06/senate-to-have-hearing-on-uniting-american-families-act.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/senate-to-have-hearing-on-uniting-american-families-act.html)
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wandmaker
12-10 04:26 PM
Hi
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
The name on the AP should match with passport. Make sure your 131 form has a correct name, if yes then you can reapply for a AP without a filing fee otherwise you have to pay. BTW, check all your receipts whether it has a correct name
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
The name on the AP should match with passport. Make sure your 131 form has a correct name, if yes then you can reapply for a AP without a filing fee otherwise you have to pay. BTW, check all your receipts whether it has a correct name
more...
qualified_trash
07-12 01:12 PM
Does your employer do all the work or the lawyer?
All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.
All H1 extensions are now processed in California (I think). So you should get the WAC number (EAC-Vermont,LIN-Nebraska,WAC-California,SRC-Texas). And my employer's lawyer sent the application end of may (31st I think) and we received a notice dated June 8th.
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shvinod
05-27 04:06 PM
Thanks for the suggestions. I called in the National Service Center and put in a request to expedite the case. Got an email that I can try to visit the local ASC and see if they can collect the biometric. We visited the local ASC today and the were kind enough to collect the Biometric. I hope we get the AP before the departure date..
more...
pttuanzhang
06-02 07:51 PM
You're right, I really admire
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WAIT_FOR_EVER_GC
09-07 10:44 AM
Please note that an I-485 approval invalidates the H-1B visa.
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
I second what sbmallik has said. Your records will be at the POE, you cannot come back on H1-B. Come back before AP expires or you might be in trouble.
Consult a lawyer....
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
I second what sbmallik has said. Your records will be at the POE, you cannot come back on H1-B. Come back before AP expires or you might be in trouble.
Consult a lawyer....
more...
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martinvisalaw
08-31 07:32 PM
Hi company A applied for my H1 in april 1st week.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.
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Ruth B
08-14 01:30 PM
"I would like to hear your professional opinion on the following issue: I have been on F-1 visa for 7 consecutive years. I have an employer that has sponsored me as a Graphic Designer. In fact I have obtained the I-140 through him already. I recently applied for employment AOS (July 25th) with my wife (She is on F2 visa) and I'm currently waiting on the Notice Receipt. School starts on August 20th and I'm hesitant on when exactly the new Immigrant Status starts. Do I still need to enroll for classes in order to maintain my visa? I don't intend to finish school due to financial difficulties, when exactly may I drop out from school? Should I remain enrolled up until I receive the EAD and AP? Thanks in advance for your response."
more...
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mdipi
10-20 07:49 PM
whats the diff?
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gotgc?
02-01 03:26 PM
Hi,
I have applied for my wife's AP with NSC today and She needs to travel on April 3rd. I wanted to know how long does it take these days for approval?
Also, if she does not get the AP by April 3rd she would be travelling anyway. Because, I can mail her the AP once we receive even after her departure as I am going to be here in US. My question is if she travels out of the country before the approval, would USCIS know about it and would it affect her application? And if it does not come at all, can she apply for H4 stamping in India and come back on it? Please let me know guys.
I have applied for my wife's AP with NSC today and She needs to travel on April 3rd. I wanted to know how long does it take these days for approval?
Also, if she does not get the AP by April 3rd she would be travelling anyway. Because, I can mail her the AP once we receive even after her departure as I am going to be here in US. My question is if she travels out of the country before the approval, would USCIS know about it and would it affect her application? And if it does not come at all, can she apply for H4 stamping in India and come back on it? Please let me know guys.
more...
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Ruta
07-28 12:15 PM
Please someone tell me whether Ac21 portability 180 days rule applies from the day USCIS receives the application or whether it starts from day you get I-485 Receipt #????
In our case USCIS recieved our application on July 2nd and we have not received receipt # yet. so 180 day clock starts ticking on July 2nd?
In our case USCIS recieved our application on July 2nd and we have not received receipt # yet. so 180 day clock starts ticking on July 2nd?
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eilsoe
10-17 11:13 AM
Hehe, no problem :P
There are many ways of achieving stuff in Photoshop.. :)
There are many ways of achieving stuff in Photoshop.. :)
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zj142
07-17 10:50 PM
Green Card
bombaysardar
07-24 08:48 PM
i transferred from one dept to another. the next dept filed for a H1B amend after 4 months. The lawyers filled in my G325 with the earlier, start date (and not the later filing date).
Am I in trouble?
Am I in trouble?
imi1224
05-14 10:23 PM
Hi IV friends-
I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -
Should I apply for reneal of EAD or new EAD?
How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?
Thanks in advance for all the help.
Regards,
Imi1224
I am preparing to apply for my EAD througth E-file online. I am on H1-B currently and my I-485 was filled under my husband's EB2 application in July 2007. I did apply for EAD at the same time and got approved EAD for a year but never used and it it expired in December 2008. Now My H-1 B cap will reach in March 2011 and want to go on EAD ASAP so I can save the remaining time on H1-B ( advised by my company lawyer.) . My questions -
Should I apply for reneal of EAD or new EAD?
How difficulat is it to apply online? Do I need to send coyp of my H1-B etc as supporting deocument?
Thanks in advance for all the help.
Regards,
Imi1224
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