veni001
09-07 11:29 AM
Hi,
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
Family 4th preference is retrogressed by a decade ( or two if you are from Philippines), so you may have to wait another 10 years to be eligible to file i-485.:confused:
Currently I am in US in H1B and my I-94 is expires in Sept 30 2010 and there is an extension filed for my H1.
In the mean time I want to file I-130 and I-485 based on my brothers citizenship.
Whether the status will change before sept 30 2010? Also if I leave US whether the application will be still valid and how much time it takes to get an approval for both?
Thank You,
Anil
Family 4th preference is retrogressed by a decade ( or two if you are from Philippines), so you may have to wait another 10 years to be eligible to file i-485.:confused:
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jerrygreat
11-25 09:09 PM
Hello, All buddies:
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.
Now the comany sponsor me to apply for EB2 green card.
Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.
My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?
Thank you very much in advance.
Jerry
sameern
06-18 03:37 PM
Sertasheep, Does the I-140 application filed in May 2007 come under your required category or not? Let me know.
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JunRN
09-18 12:33 AM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
more...
immigration1234
06-21 05:10 PM
please suggest!
chanduv23
09-15 04:18 PM
Bump
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sac-r-ten
12-11 12:51 PM
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
Mine is already crossed 12 months now.
Hope this helps.
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reachinus
07-21 11:36 AM
am I in Status or Out of Status?
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vikramy
12-30 01:15 PM
From my knowledge...
For now you can use EAD and continue to work.
In Long term you can get your GC refiled from a different company and port priority date
For now you can use EAD and continue to work.
In Long term you can get your GC refiled from a different company and port priority date
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sk.aggarwal
05-13 10:42 PM
if you upgrade to premium rfe can be sent over fax.
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gchopes
06-02 05:50 PM
Thanks for your responses. Will the 240 day rule apply even if I reentered on AP and in parolee status?
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Santosh_gc
07-19 03:36 PM
Hi all:
I entered the country on Advance Parole and so now I am on EAD status because of that.
I am on my 8th year of extension. My H1B was valid till 2009 but now it is not because of my EAD. Its been more than a year since I applied for 485 and My I-140 has been approved.
Q.1 Can I join another employer based on a new H1B so as to reinstate my H1B status? I plan to file for AC21 if I change employers.
Q.2 Can I apply for a new H1B with my CURRENT employer based on my current job?
I would really appreciate your input.
Thanks in advance.
Santosh
I entered the country on Advance Parole and so now I am on EAD status because of that.
I am on my 8th year of extension. My H1B was valid till 2009 but now it is not because of my EAD. Its been more than a year since I applied for 485 and My I-140 has been approved.
Q.1 Can I join another employer based on a new H1B so as to reinstate my H1B status? I plan to file for AC21 if I change employers.
Q.2 Can I apply for a new H1B with my CURRENT employer based on my current job?
I would really appreciate your input.
Thanks in advance.
Santosh
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factoryman
06-14 03:46 PM
This is a fit case, where you have send him back a question - what do you mean by that?
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ricky26
08-28 12:37 AM
If your current H1 is already expired, it is better/safer to use AC21 and join company B.
else get hold of reputed lawyer and transfer H1 to comp B.
else get hold of reputed lawyer and transfer H1 to comp B.
more...
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06-30 12:45 PM
Thomas Friedman has a great op-ed piece in today's NY TImes that emphasizes that the US is going to have to innovate like crazy if we're going to emerge from this recession on top. And a liberal skilled immigration policy has got to be part of our strategy. Here are some of the key quotes: I still believe that America, with its unrivaled freedoms, venture capital industry, research universities and openness to new immigrants has the best assets to be taking advantage of this moment � to out-innovate our competition. But we should be pressing these advantages to the max...
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alkg
10-26 02:05 PM
Yes I files my applications at NSC but receipt nos are of TSC
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webm
03-17 05:46 PM
if you have an approved H1B petition and you use AP to enter do you lose your H1 status?
No, not at all...You can still continue working on H1B..
No, not at all...You can still continue working on H1B..
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roseball
10-27 08:43 PM
Sure, you can apply for a new H1 petition with another employer..But do make sure to include the copy of H1 receipt from your pending H1 with a letter quoting you being in status based on the pending H1 petition...If you don't, there are chance that you might get the H1 approved without an I-94 attached as your current I-94 has already expired. In this case, you will have to leave the country, get the H1 stamped and re-enter US before being able to start work with the new employer...Btw, there is nothing like transfering a H1, thats just the term commonly used...Each petition is independent..
I would also make sure to address the issues from the current RFE so that another RFE is not received for the new petition.
Hi,
My H1 and I-94 and My Wife's H4 and I94 expired on Sep 30th 2008 and applied for extension on July 7th 2008 with Company A. But Company A received an RFE on H1 extension,
At this movement I have a good offer from company B , can I transfer H1 using Receipt of H1 extension?
I appreciate your input
Thanks
Rav
I would also make sure to address the issues from the current RFE so that another RFE is not received for the new petition.
Hi,
My H1 and I-94 and My Wife's H4 and I94 expired on Sep 30th 2008 and applied for extension on July 7th 2008 with Company A. But Company A received an RFE on H1 extension,
At this movement I have a good offer from company B , can I transfer H1 using Receipt of H1 extension?
I appreciate your input
Thanks
Rav
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GotFreedom?
09-21 03:03 PM
I e-Filed the AP for my wife and myself over a month ago. We received the receipt notice for my application but did not receive it for my wife's application. The e-filing generated the receipt number starting with LINxxxxxxxx for both the applications that shows as valid application at the USCIS's online status tracker. Should I contact the USCIS's customer service and inquire about the receipt notice for my wife's application of just ignore it coz' its not a big deal as we already have the receipt numbers?
Thanks in advance gurus for suggestions!!
Thanks in advance gurus for suggestions!!
Jean123
01-14 02:21 PM
A friend of mine is a citizen from a non Visa-waiver country, married to an American. They've been married for two years and she is expected to receive her green card in a few months at the embassy of her country of origin where she still lives. Because of abuse issues, she wants to separate asap but is afraid he might retaliate by trying to prevent her from receiving her green card. Is that possible, or should she wait until she has the Green Card in her hands? Thanks!
Pallavi79
06-11 03:27 AM
Some where I read that, it is common to get marriage certificate RFE, If you were married less than 2 years ago.
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