wandmaker
04-07 11:47 AM
Hi,
May be a dumb question, but i would like to know how to proceed from here..
I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??
My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??
True, Your attorney is correct.
May be a dumb question, but i would like to know how to proceed from here..
I have an approved 140 and applied for 485 got by EAD and done my FP, however recently i got married and i want to know how do i add my wife to my current 485 status ??
My employer lawyer says ; 485 dates should be current to add my wife ?? is that true ??
True, Your attorney is correct.
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mn_finch
04-01 10:36 PM
My LCA appl has a priority date of June 2004; and so far, Dallas BEC has lost my resent-appl twice. Lawyers failed to retrieve any status after that, and suggested a congressional liaison enquiry into it. If anybody is aware of this enquiry, would you plz let me know? Thanx.
maheshmail
08-14 08:22 AM
Hi,
I am on H1, Applied EAD and Travelling on AP.
Is there a problem if I don't have approved EAD while I come back?
I am on H1, Applied EAD and Travelling on AP.
Is there a problem if I don't have approved EAD while I come back?
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hl
04-01 12:14 AM
See, the best part about all this is that someone obviously typed this up, because it used .harish. Meaning someone remembered me when making this joke. Thanksss :) Glad to know someone still remembers me. I haven't been here in quite a while.
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jijiewang
01-24 01:42 AM
Hi,
Last year my husband got laid off. At that time he was on H1 visa, 140 approved and 485 pending. He applied and got AP, and then left U.S in March 2009. AP is valid until March 02, 2010.
Now he wants to get back to U.S. and try his luck finding a job before AP expires.
My question is what are his chances to be able to get in U.S considering
1)He has stayed outside of U.S for about 11 months.
2)He is not employed by any U.S company.
Thanks.
Jijie
Last year my husband got laid off. At that time he was on H1 visa, 140 approved and 485 pending. He applied and got AP, and then left U.S in March 2009. AP is valid until March 02, 2010.
Now he wants to get back to U.S. and try his luck finding a job before AP expires.
My question is what are his chances to be able to get in U.S considering
1)He has stayed outside of U.S for about 11 months.
2)He is not employed by any U.S company.
Thanks.
Jijie
adde72
03-28 08:21 PM
I am in the same situation . The responses from the lawyer are Incorrect .I spoke to my companies attorney and they advised me to apply the H4 extension in Premium and then go with the new H1 in regular so that your H4 ext will be approved first and able to maintain the status until Oct 07
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reddog
02-20 12:47 PM
Hi,
My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?
Appreciate your help!
No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.
My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?
Appreciate your help!
No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.
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pappu
08-27 02:24 PM
There are a few good threads on this topic. Do a search.You will find good information.
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martinvisalaw
03-18 03:36 PM
1. I need advice as to how to withdraw the I-485 AOS application. I do no have copy of documents/notices that USCIS sent.They are with my wife.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.
If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.
Or
2. If we do work out our differences then is there a way to keep the current AOS alive? Or shall I get the current one withdrawn and file for a new one if we do resolves our differences?
3. Also if I do withdraw the I-485 does it also mean that the I-130 filed by my wife is abandoned/revoked automoatically?
Sorry about your marriage problems. If there is a chance that you might be able to work things out, I suggest rescheduling the 485 interview. If you even have the interview letter, then you should have the receipt number and your A# that can be used to track the file. You can also use these to withdraw the 485 if you need to.
If you do withdraw the 485, it would not automatically revoke the I-130, assuming this is approved. It may not be approved, however.
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sury
12-21 03:05 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
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
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mihird
07-09 10:26 PM
It will be subjective of the examining officer...he could choose to deny the 140, issue an RFE or may even just ignore it...
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wandmaker
11-05 01:28 PM
Hi guys,
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.
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sunny1000
09-28 09:13 AM
Is it only on Oct 1st or the entire week? My in laws are going for visa interview on October 5th
Just the 10/1/07. See their website.
Just the 10/1/07. See their website.
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ashkam
08-09 02:46 PM
My lawyer checked my application type as
"h", and stating "Spouse has an approved I-140"
Since I am filing as dependent. Should it be "b" " my spouse or parent applied for adjustment..."
Does it hurt to choose "h"? Thanks!!
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
"h", and stating "Spouse has an approved I-140"
Since I am filing as dependent. Should it be "b" " my spouse or parent applied for adjustment..."
Does it hurt to choose "h"? Thanks!!
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
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gc_chahiye
10-29 05:52 PM
Hello, I've been offered a job and have less than 180 days since applied for I485. I have EAD document thourgh my wife as well.
In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?
Thanks,
Valy Sivec
No problem from immigration point of view of working part-time on second job.
In case I accept the job offer do I need to withdraw my pending I485?. If will work part time with my current employer will my application be affected in any way?
Thanks,
Valy Sivec
No problem from immigration point of view of working part-time on second job.
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skmurthy
05-28 01:34 PM
Hi All,
Please help me to take proper decision.
I am working in US on H1B visa and my employer is ready to file for my GC in EB2.
Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:
Please note I am unmarried
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.
2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.
Would appreciate your help and suggessions.
Thanks,
Sam
Please help me to take proper decision.
I am working in US on H1B visa and my employer is ready to file for my GC in EB2.
Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:
Please note I am unmarried
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.
2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.
Would appreciate your help and suggessions.
Thanks,
Sam
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absaarkhan
02-05 12:01 PM
You can live in US legally beyound your current H1B I-94.
As long as your AOS (I-485) is Pending, Ofcoure u need EAD for work.
Hello Friends,
I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.
The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?
As long as your AOS (I-485) is Pending, Ofcoure u need EAD for work.
Hello Friends,
I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.
The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?
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reachinus
03-15 06:02 PM
You can apply for a new H1 and will not abe counted against the cap. That is what it mean by cap exempt.
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maverick_joe
05-12 02:19 PM
thanks rockstart, will try that route.
I have renewed my DL in VA while my H1B was pending last year (Oct 07) . All you need is your H1-B application receipt and they will extend it by 1 Year.
I have renewed my DL in VA while my H1B was pending last year (Oct 07) . All you need is your H1-B application receipt and they will extend it by 1 Year.
Humhongekamyab
01-15 12:53 PM
Since when has more money than the prevailing wage been a problem?
If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.
As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney
Cooler, thanks for the response.
If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.
As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney
Cooler, thanks for the response.
smarth
02-14 11:54 AM
can someone please give answer to this?
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