vinoddas
02-11 11:13 AM
Hi,
I got married in 2008, but my wife came with me to the US in Dec 2009. I got married while my I485 was pending due to priority date backlog. I understand that I can add her to my I485 application when my priority dates are current (Jan 17 06). My questions are:
1. How many days do I have to file after my priority dates are current (in case I do get my green card in the interim)?
2. She being a non-Australian born Australian citizen can legally work in this country on a special E3 visa. But I am not sure whether she can be added on my green card application while working on the E3 visa? If thats not possible, the only 2 ways she can work and be added o GC is to apply for H1b (probably not available till October '10) or wait till my priority date is current, file for I485 and EAD and wait for that?
Thanks a lot in advance for any help regarding this.
-Vinod
I got married in 2008, but my wife came with me to the US in Dec 2009. I got married while my I485 was pending due to priority date backlog. I understand that I can add her to my I485 application when my priority dates are current (Jan 17 06). My questions are:
1. How many days do I have to file after my priority dates are current (in case I do get my green card in the interim)?
2. She being a non-Australian born Australian citizen can legally work in this country on a special E3 visa. But I am not sure whether she can be added on my green card application while working on the E3 visa? If thats not possible, the only 2 ways she can work and be added o GC is to apply for H1b (probably not available till October '10) or wait till my priority date is current, file for I485 and EAD and wait for that?
Thanks a lot in advance for any help regarding this.
-Vinod
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tnite
10-30 09:34 AM
Hi All,
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
no, Its not true. AP can be approved while you're out of country.
I have efiled for my AP and EAD. I have received the RN for the same. I am planning to travel out of country by end of November. I am pretty sure AP will not be approved by that time. I am planning to travel on H1B visa. My attorney tells me that AP will not be approved if I travel before it is approved. I have to be in the country in order to get the AP approval. Is that true?
Thanks,
DesiXP
no, Its not true. AP can be approved while you're out of country.
wandmaker
11-07 11:12 AM
AP: You send photos for AP along with supporting documents
EAD: You will get a FP notice, you will be pictured at ASC for your EAD.
Hope this helps.
I have efiled my 765/131 i have some questions :
1. some ppl have mentioned NOT to send Photos is this true ? Doesnt AP or EAD require pics ?
EAD: You will get a FP notice, you will be pictured at ASC for your EAD.
Hope this helps.
I have efiled my 765/131 i have some questions :
1. some ppl have mentioned NOT to send Photos is this true ? Doesnt AP or EAD require pics ?
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fasterthanlight�
05-16 09:43 PM
These are all free, and theres tons of them. :)
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cr125rider
04-16 01:43 AM
Update:
REQUIRE_GC
06-21 11:03 PM
Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.
Here is the journey:
Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.
Hey Congrats!!!!!!!!!!!!!!
Here is the journey:
Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.
Hey Congrats!!!!!!!!!!!!!!
more...
Dhundhun
07-11 09:42 PM
I sent a PM to you. Hope that is helpful.
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dvrao4
10-27 06:44 PM
i filed 485 in june and still waiting for FP
sent to texas on 6/14/07-delivered 6/15/07
RD:07/19/07(USCIS ERROR)
ND:09/11/07
EAD: approved 09/28/07, recieved 10/2/07
FP: still waiting for notices:
sent to texas on 6/14/07-delivered 6/15/07
RD:07/19/07(USCIS ERROR)
ND:09/11/07
EAD: approved 09/28/07, recieved 10/2/07
FP: still waiting for notices:
more...
viz
02-03 11:14 PM
Thanks for the links.
But I dont see them addressing the specifics of an EAD. Or maybe i didnt check them enuf.
Doesn't the EAD (AOS pending status) entitle you to be in status even after a job loss?
But I dont see them addressing the specifics of an EAD. Or maybe i didnt check them enuf.
Doesn't the EAD (AOS pending status) entitle you to be in status even after a job loss?
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Ann Ruben
04-08 11:05 AM
Hi Xela,
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.
With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.
Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.
Hope this helps,
Ann
more...
justice4all
09-02 01:26 PM
^ ^ ^ ^ ^
hi,
i am planning to file eb2 and port my eb3-i140 pd. My current position is system analyst with eb3 job requirement. I can get a promotion but that doesnt qualify for eb2 job requirement. So i am planning to move to a different position, research associate which qualifies for eb2(it requires masters degree) with the same employer. Can i file eb2 with this position and port my eb3-i140 pd? Advice pls.
Thanks
hi,
i am planning to file eb2 and port my eb3-i140 pd. My current position is system analyst with eb3 job requirement. I can get a promotion but that doesnt qualify for eb2 job requirement. So i am planning to move to a different position, research associate which qualifies for eb2(it requires masters degree) with the same employer. Can i file eb2 with this position and port my eb3-i140 pd? Advice pls.
Thanks
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fide_champ
11-22 12:29 PM
Hi,
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
You don't have to travel outside. it is still legal to stay in the country.
MurthyDotCom : Advance Parole : I-94 Expiration Generally Not a Problem (http://www.murthy.com/news/ukadvpar.html)
Need advice from an attorney:
My I-94 expires in december 2010. I have an approved Advance parole till Dec 2011(I485 is pending). Is it required to travel outside the country and get a new I-94 ?
2. Is there a source on the Net that I can refer to that explains this?
Thanks,
AjaySri
You don't have to travel outside. it is still legal to stay in the country.
MurthyDotCom : Advance Parole : I-94 Expiration Generally Not a Problem (http://www.murthy.com/news/ukadvpar.html)
more...
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nat23
03-27 02:53 PM
Guys,
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
My wife is a Canadian citizen, what is the process of getting a H4 for her? (I am on an H1-140 approved).
1)Do I file an app with USCIS?
2)Can she go apply at the US consulate in Canada?
What type of documents, forms are involved ?
The reason for this post is I was given conflicting info by my old lawyer.
Thanks
Your wife should take an appointment at the closest US Consulate. She and you should then look up the list of documents needed on the website of that US Consulate.
thats how I did it for my wife but she was from India.
hope this helps.
Cheers
Nat
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ninigini
10-20 07:01 PM
Good evening,
I am currently in the United States and in the process of changing my Q1 into a F1 visa.
My contract with the Q1 visa unexpedently ended in June 2009 and the visa was expiring on the 17th of september 2009.
I sent the file with all the papers to the USCIS before the end of the expiration date and is still in process at this time.
I heard that i can not exceed the period of 180 days after my last day of work with my Q1 Visa.. Is this true ?
I was thinking by the time i filed everything before the end of my Q1 visa, i could stay in the United States until the approval or denial of my F1 visa...
if this is true :
1. Do I have to wait in France for the answer of the USCIS, or my case will be cancelled and I have to start all oveer again in France ?
2. If I do not stay more than 180 days, going back to France and coming back for exemple 1 week after to the US with a tourist visa, am I able to change my status to F-1 ?
3. If i receive an approval answer from USCIS after a few days that I've been back in France, will it be valid ? Can it be sent to me ?
4. Do I have to get a new I-20 from the university if I am starting the process in France, or the one that I have is still valid ?
Could you help me please, beause i am confused...:confused:
Thanking you by advance for your answer
I am currently in the United States and in the process of changing my Q1 into a F1 visa.
My contract with the Q1 visa unexpedently ended in June 2009 and the visa was expiring on the 17th of september 2009.
I sent the file with all the papers to the USCIS before the end of the expiration date and is still in process at this time.
I heard that i can not exceed the period of 180 days after my last day of work with my Q1 Visa.. Is this true ?
I was thinking by the time i filed everything before the end of my Q1 visa, i could stay in the United States until the approval or denial of my F1 visa...
if this is true :
1. Do I have to wait in France for the answer of the USCIS, or my case will be cancelled and I have to start all oveer again in France ?
2. If I do not stay more than 180 days, going back to France and coming back for exemple 1 week after to the US with a tourist visa, am I able to change my status to F-1 ?
3. If i receive an approval answer from USCIS after a few days that I've been back in France, will it be valid ? Can it be sent to me ?
4. Do I have to get a new I-20 from the university if I am starting the process in France, or the one that I have is still valid ?
Could you help me please, beause i am confused...:confused:
Thanking you by advance for your answer
more...
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GeetaRam
07-30 09:02 AM
I think even if employer revokes or cancels and if you have approval copy of I-140 you can port the date. Please consult some good immigration attorney.
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gipsydance
08-24 10:04 AM
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cs.0
01-29 11:13 AM
hi kumar,
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.
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Waitingnvain
07-31 05:58 AM
If you are on H-1, you cannot apply for L-1. You would have to work for a company outside the US for a period of 1 year before you can apply for a L-1 assuming you are in the US currently.
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gimme_GC2006
06-28 02:30 PM
Hi,
I am currently on H1B with an employer who has processed GC so far (labor and 140 are approved)
Currently I have all documents except
1)Approved 140
2) Employement offer letter
For 140, I have courtesy copy.
Employer is asking lot of money to file 485 all of a sudden. And they are not responding to my calls for offer letter.
So I was planning to apply 485 by myself or hire an attorney other than my company's.
Since I dont have above mentioned documents, can I still apply 485 without being denied?
Please help me
I am currently on H1B with an employer who has processed GC so far (labor and 140 are approved)
Currently I have all documents except
1)Approved 140
2) Employement offer letter
For 140, I have courtesy copy.
Employer is asking lot of money to file 485 all of a sudden. And they are not responding to my calls for offer letter.
So I was planning to apply 485 by myself or hire an attorney other than my company's.
Since I dont have above mentioned documents, can I still apply 485 without being denied?
Please help me
rs_nyuser
12-12 10:26 AM
I dont think that holds true. If you follow you'll see they have been approving cases even in December for 2003 when the PD has been retrogressed to 2002 for December.
fromnaija
08-25 01:29 PM
Sorry, my bad. I didn't check the forum area I was in. Yes you are right, people can ask the lawyers any immigration-related question.