nashorn
12-15 12:50 PM
You need to make it more clear to get help.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
wallpaper Becki Newton as Amanda Ugly
validIV
03-24 08:10 PM
When is my 485 getting approved?
GC_1000Watt
08-08 02:47 AM
Nothing to worry, you have made no mistake, thats the way it appears
all the best
Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?
all the best
Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?
2011 Ugly Betty S04E18 720p HDTV
sp0
03-20 07:50 AM
Can i travel back to USA via London/UK without a valid US visa but with a valid AP?
London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.
My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.
London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.
My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.
more...
WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
copsmart
11-21 07:22 PM
I wonder when the USCIS will learn to stop playing games with our lives?
Here is my story…
I got my EAD card and AP document last month with a wrong date of birth printed on both documents due to USCIS error.
My Attorney contacted USCIS and he was advised to send the documents back for correction with no fees.
So, we refiled the application and attached the documents. Unfortunately, the entire package was returned to my Attorney requesting USCIS filing fees.
Now, we have filed a complaint with the USCIS Ombudsman’s office and requested their assistance in resolving this problem.
I am planning to use AC21 in Jan ’08, so I am desperately in need of EAD.
Has anyone ever been through similar situation? Do you know how long it will take to process a case at the Ombudsman’s office?
Also, if it is going to take another 2-3 months to get the corrected EAD, am I going to lose all those days or USCIS will print a new expiration date on my card?
Any comments or suggestions would be greatly appreciated.
Here is my story…
I got my EAD card and AP document last month with a wrong date of birth printed on both documents due to USCIS error.
My Attorney contacted USCIS and he was advised to send the documents back for correction with no fees.
So, we refiled the application and attached the documents. Unfortunately, the entire package was returned to my Attorney requesting USCIS filing fees.
Now, we have filed a complaint with the USCIS Ombudsman’s office and requested their assistance in resolving this problem.
I am planning to use AC21 in Jan ’08, so I am desperately in need of EAD.
Has anyone ever been through similar situation? Do you know how long it will take to process a case at the Ombudsman’s office?
Also, if it is going to take another 2-3 months to get the corrected EAD, am I going to lose all those days or USCIS will print a new expiration date on my card?
Any comments or suggestions would be greatly appreciated.
more...
roseball
03-23 07:48 PM
I would suggest you go after July....Your stamping is not an issue here.....The issue will be with your I-94 when you get back into US...Since your new H1 doesnt start until July 31st, if you try to enter US in June, your new I-94 will only be valid until July 30 as the immigration officer cannot grant you entry until July 2010 based on future approval start date if its not within 15 days...My friend was in this situation before and he had to file for extension again as he only got his new I-94 valid until the date of his old I-797...
2010 Ugly Betty 3x02 quot;I Am Betty
maverick_joe
05-13 10:22 AM
Congrats! good to see an EB3 I from July 2003 getting his GC.
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
more...
immi2006
01-05 10:02 AM
Folks,
Without much emphasis - will this not add weight atleast to show what the Tech companies have the power ? The founders are immigrants
Link # 0
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=11678789AF708BE8&p_docnum=2
San Jose Mercury News (CA) January 4, 2007 Section: Front
VALLEY'S NEW LEADERS COMING FROM OVERSEAS
STUDY SHOWS IMMIGRANTS HELP CREATE MORE THAN HALF OF AREA'S START-UPS - JOHN BOUDREAU, Mercury News
Sudhakar Muddu left everything familiar in his homeland of India in 1990 to attend Yale University on a post-graduate scholarship. He later worked for IBM and Silicon Graphics.
Link # 1
http://cbs5.com/topstories/local_story_004195228.html
California Can Thank Google For Budget Windfall
(AP) SACRAMENTO Someday, this era may simply be known as The Google Years.
California, whose budget revenue slides up and down like a yo-yo with changes in capital gains and stock options, is once again counting on outsized income tax filings from a handful of tech executives to help balance its budget. For this wave, California can largely thank Google Inc.
After cashing in more than 9 million shares valued at $3.7 billion last year, 16 Google insiders will owe the Golden State as much as $380 million in taxes -- enough to cover the salaries of more than 3,000 state workers. - And countless other employees in Silicon Valley,
Without much emphasis - will this not add weight atleast to show what the Tech companies have the power ? The founders are immigrants
Link # 0
http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=11678789AF708BE8&p_docnum=2
San Jose Mercury News (CA) January 4, 2007 Section: Front
VALLEY'S NEW LEADERS COMING FROM OVERSEAS
STUDY SHOWS IMMIGRANTS HELP CREATE MORE THAN HALF OF AREA'S START-UPS - JOHN BOUDREAU, Mercury News
Sudhakar Muddu left everything familiar in his homeland of India in 1990 to attend Yale University on a post-graduate scholarship. He later worked for IBM and Silicon Graphics.
Link # 1
http://cbs5.com/topstories/local_story_004195228.html
California Can Thank Google For Budget Windfall
(AP) SACRAMENTO Someday, this era may simply be known as The Google Years.
California, whose budget revenue slides up and down like a yo-yo with changes in capital gains and stock options, is once again counting on outsized income tax filings from a handful of tech executives to help balance its budget. For this wave, California can largely thank Google Inc.
After cashing in more than 9 million shares valued at $3.7 billion last year, 16 Google insiders will owe the Golden State as much as $380 million in taxes -- enough to cover the salaries of more than 3,000 state workers. - And countless other employees in Silicon Valley,
hair Ugly Betty#39;s Amanda and Marc
LostInGCProcess
09-11 03:31 PM
Google "Cronin Memorandum" and you will get lot of information with regards to H1 and AP.
more...
ozz232
09-07 04:38 PM
Hi,
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
I have decided to quit my current Company A.
My termination date is Sept 15th.
Am talking to Company B for my H1 transfer.
Can you please tell me how much time do I have from Sept 15th if the transfer application gets delayed, incase.
Thank You very much.
Oz
hot But then Betty hears Jesse
BEC_fog
12-11 09:31 AM
http://immigrationvoice.org/forum/showthread.php?t=16031
more...
house Amanda makes a new friend,
Ram_C
11-02 05:49 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
tattoo Gets Back to Ugly Betty
milind70
07-25 10:00 AM
Hello,
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
My Present H1B stamp is with company A and expires November 20 2007. Now I'm with company B and with this I have my petetion (H1B approval) which expires June 20 2008. Now I'm travelling to India for my marriage and coming back September 8. I'm not getting the new stamp this time. Will I have any problem during the immigration ??
Also with my present papers, my wife would be attending her visa Interview on Sep 4. Will there be any problem for her at the interview ???
Thanks in Advance
Just make sure you show you approved 797 petition from company B ( for whom you are working ) at POE to the immigration officer so he can enter the correct employer in their system and also gives u the correct I 94 which should expire on June 20 2008.
more...
pictures Ugly Betty#39;s Amanda, actress
Blog Feeds
11-18 02:50 AM
The most recent update from the USCIS is showing again a steady approval rate. The jump we saw in October was just due to a more current update of the approval, nit an increase in filing according to the USCIS. If this pace will continue we will see visas all through early 2010, but I may be wrong here...
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
Ao here is is the update from USCIS: As of November 6, 2009, approximately 54,700 H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
More... (http://www.visalawyerblog.com/2009/11/h1b_visa_cap_update_november_1.html)
dresses Ugly Betty-Amanda is No Fey
ajju
09-17 01:44 AM
I think: We donot have a choice. We have to show up on the day and time given on FP notice. If we can't- we have to request uscis for re-scheduling.
Call the ASC office and usually in such circumstances.. they allow to come earlier... Lots of ASCs are open sat.. So that may be good for you... Call your local ASC...
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
Call the ASC office and usually in such circumstances.. they allow to come earlier... Lots of ASCs are open sat.. So that may be good for you... Call your local ASC...
https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC
more...
makeup Gallery Index: Ugly Betty
baburob2
04-29 10:40 PM
Gurus Pls help
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
i forgot to file for her xtension.
I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
She will have to go back to consulate now now for visa stamping. Will she have a problem?
Thank u
Why don't you apply your H1B in premium rather. Strictly speaking she has have gone out of status. But at the worst case, the USCIS will just approve her I-539 as non extension of status (which means she doesn't get a new I-94 with the extension and rather just gets a H4 approval and would be asked to go to the home consulate for visa stamping and reentry.) . Hence my bet would be to wait for her I-539 approval and then make the decision. But most likely her I-539 extension of status would be just approved (ie she would get a new I-94 with new extension date ) and she doesn't have to travel back to the consulate.
girlfriend Read more on Ugly Betty
LostInGCProcess
03-09 04:13 PM
I recently did apply for EAD and the documents required are as below
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
With e-file too, they instantly cash your payment via credit card or debit card. So, you can keep track of it.
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
With e-file too, they instantly cash your payment via credit card or debit card. So, you can keep track of it.
hairstyles The Marc amp; Amanda Kiss (Ugly
waitingnwaiting
11-15 09:39 AM
This is good news. Once Dream act for undocumented is out. Then they will take up bills for H1Bs.
Bytes4Lunch
08-17 11:07 AM
What annoys me, is that the consulate delays the visa stamping and also keeps the passport. Seems to me that they deliberately keep the passport so that the candidate doesnt travel back on the AP. I was in similar situation in March 08 at the Mumbai consulate, after waiting for around 45 days I travelled back on the AP(back then they had not taken my passport)
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
Let us what happened to your cousin when you receive updates from him. Is he working as a consultant (paid by his employer) and working elsewhere ?
ufo2002
09-15 01:37 PM
So let's have premium processing in all stages?
Wonderful, why not this suggestion:
Sell GCs for 30k each, or put up on auction.
30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!
I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.
Wonderful, why not this suggestion:
Sell GCs for 30k each, or put up on auction.
30k is achievable goal for everyone if we save money for 6 years straight. Maybe live on bread and water or something but hey, after buying the GC, can get back to living normally!
I think the premium processing idea is just money milking strategies by the respective departments who process the different stages.
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