sweet_jungle
11-17 12:26 AM
it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.
The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.
In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.
justin150377
07-01 02:48 PM
I'll join..I'd only have to go back to Canada. I can understand why the thousands on here would not. However, Canadian permanant residency is easier to get, anyone applying for it?
pbojja
06-02 09:20 PM
pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality
Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?
Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?
Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality
piyu7444
10-17 03:22 PM
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
My ex-employer processed my h1b and applied for GC with no cost to me. I worked for about 3.5 years and then moved to the client where I was working as a consultant. I had a good relationship and I was treated exceptionally well as I always fought for what I deserved. Now the company has grown bigger and excpetions are not made but they are fair (upto 90%)
If you wish to you can explore with them and if required can talk to me too.
My ex-employer processed my h1b and applied for GC with no cost to me. I worked for about 3.5 years and then moved to the client where I was working as a consultant. I had a good relationship and I was treated exceptionally well as I always fought for what I deserved. Now the company has grown bigger and excpetions are not made but they are fair (upto 90%)
If you wish to you can explore with them and if required can talk to me too.
more...
panky72
10-01 10:01 PM
If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.
I cant answer your other Q's but I believe that she is still eligible for H-4 visa based on your H-1 status. I don't know if you can apply right away or wait until their enquiry is complete.
wandmaker
08-18 10:54 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
When is your current I-94 expiring? If it has already expired, you need to act quick because you will be accruing unlawful presence from the date of denial. You should not have any issue w.r.t your educational background - I have seen people with textile engineering degree got their h1 and green card
more...
elaiyam
05-15 11:01 AM
Here is my $100
Paypal Receipt ID: 8D5173328S121125D
Come on everyone... donate a small percentage of your stimulus package.
Paypal Receipt ID: 8D5173328S121125D
Come on everyone... donate a small percentage of your stimulus package.
njboy
01-18 12:33 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
more...
mayhemt
09-13 03:21 PM
Whom are you going to sue? Which 'LAW' did they break? Yes you can sue federal agencies or any government agency (up to certain extent), IF you can prove they are breaking law.
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
Unless they are breaking some law, chances of winning or even getting a class-action status are very very bleak. Not to mention, the additional legal costs involved.
Instead, like Pappu said, its better to concentrate our efforts on working with lawmakers....
Disclaimer: I am not a lawyer, just quoted from common sense...I might be wrong..
GCDo
04-25 01:45 AM
I never heard of this...what crap it is.?:eek:
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
Checked with my company lawyer. According to them it is a separate document from marriage certificate.
I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
I am not sure how will I get this document sitting in USA within 2 weeks.
Is there any other alternative ? Has any one faced with this kind of RFE and has given
some substitute for "Memorandum of marriage"
more...
ramaonline
06-22 02:27 AM
according to the current regulations
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny
newuser
05-13 09:09 AM
Still waiting - 06/05/2011 NSC
more...
gctest
10-04 03:52 PM
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
gc_on_demand
04-30 01:54 PM
Not YET :mad::mad::mad:
more...
xyz2005
08-02 01:09 AM
hi:
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.
I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.
I am getting experience letter from first employer but second employer where I worked for 4 months has no record.
Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.
Please let me know..is that is risky or will come back with RFE?
DB
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
chanduv23
04-01 01:34 PM
Gurus,
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.
the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.
so, we submitted an MTR based on this documents and I got the receipt date as March 17.
any thoughts and comments will be apreciated.
thanks,
As part of pre adjudication cases are being reviewed even if dates are not current. The AO sometimes does not give NOID and sends a straight denial. MOTIC must resolve it.
Just curious - how long did it take for you to get the MOTIC receipt notice?
more...
nixstor
02-09 07:17 PM
this blog is written and maintained by staff of HAMMOND LAW FIRM. Go to their home page (http://www.hammondlawfirm.com), you will understand this.
Yes, I feel that HLG knows what they are talking about and are not just blaring horns to get some publicity. It would be a big dent for us if they pull this off.
Damn it! I just hate the whole thing.
Yes, I feel that HLG knows what they are talking about and are not just blaring horns to get some publicity. It would be a big dent for us if they pull this off.
Damn it! I just hate the whole thing.
immigc06
08-14 02:13 PM
ok. Any other suggestions?.
I think you should go to lawyer and resolve this.
I think you should go to lawyer and resolve this.
jasmin45
07-15 09:02 PM
MSNBC has covered the legal immigrants protest. Video is available in Youtube. But I am not sure about the rally. I know that Fox news covered the rally in the news segment.
gcpool
10-06 01:27 PM
If your I-485 EAD comes through you have to use that and not the F1 EAD.
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
No comments:
Post a Comment