jg888
07-20 10:06 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
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krishmunn
05-05 07:52 PM
Soltan
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
I am assuming you never filed your 485 with old company .
In that case, you will now need to start your PERM agains with the new company. After PERM apply a new 140 and during this application you can request for the PD as per your old 140.
But you cannot directly use the old 140 for filing a new 485
gcinterview
05-12 04:47 PM
I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.
History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.
What does that mean? Any one had similar experiences?
Here is the message I got last month.
We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks for the link. Looks like I will have to get ready for an interview!!!!
History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.
What does that mean? Any one had similar experiences?
Here is the message I got last month.
We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Thanks for the link. Looks like I will have to get ready for an interview!!!!
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indyanguy
11-14 10:16 AM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.
Hope this helps.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.
Hope this helps.
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arpu31
11-13 07:35 PM
I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?
Thank You in advance.
Arpu
hiralal
06-15 10:09 PM
I have a quick question though it is not related to family petition.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
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tonyHK12
03-17 08:49 PM
@chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
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conchshell
07-12 02:51 PM
RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?
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cooler
07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
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joydiptac
08-11 06:35 PM
Democrats are losers. Socialist. They can only sponsor illegal immigrants. Republican party is pro legal immigration.
Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
I don't know what to make of it, but to think this is just a political maneuver.
Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
I don't know what to make of it, but to think this is just a political maneuver.
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H1InTrouble
09-21 02:30 PM
Hi,
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
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pappu
04-19 12:33 PM
This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.
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ultimo
07-16 10:48 PM
is there any way to get AP for emergency
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pappu
11-15 09:37 AM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.
more...
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gcformeornot
04-08 01:19 PM
recently there has been changes to address where paper filed application will go...
I prefer to file AP application online because no FP involved...
I prefer to file AP application online because no FP involved...
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vshivaji
09-26 02:01 PM
Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?
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GC_LOOKIN
05-08 11:27 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
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Saralayar
07-28 09:09 PM
I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Yes you are correct. Guys just like that start some heart breaking threads. Not doing proper research on such delicate and sensitive issues.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Yes you are correct. Guys just like that start some heart breaking threads. Not doing proper research on such delicate and sensitive issues.
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ski_dude12
03-22 11:50 AM
What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
amsgc
03-31 02:53 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Dhundhun
10-23 02:13 PM
buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.
Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.
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