ksvreg
07-01 11:55 PM
Is it possible to ship the two I-485 pakcages to INS?
My labor and 140 already approved. My law firm preparing I-485 to submit through same day service.
In case if they are not able to do it within the time, I want to submit I-485 on Monday through same day service without telling to the law firm.
This causes duplicate submission. Can I or law firm subsequently with draw one of the I-485 later?
Please advise. Urgent. Appreciate your help.
My labor and 140 already approved. My law firm preparing I-485 to submit through same day service.
In case if they are not able to do it within the time, I want to submit I-485 on Monday through same day service without telling to the law firm.
This causes duplicate submission. Can I or law firm subsequently with draw one of the I-485 later?
Please advise. Urgent. Appreciate your help.
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perm2gc
08-28 10:28 AM
I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.
Thx
You can venture business interest even if you are on H1 unless you dont work for that company..
Good Luck With Your Stamping!!!
Thx
You can venture business interest even if you are on H1 unless you dont work for that company..
Good Luck With Your Stamping!!!
mbartosik
03-14 11:28 AM
service requests taking up to 60 days now and processing times 60 days behind published figures.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.
The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.
I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.
My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.
She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.
So summary:
Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
Real processing times are about 60+ days behind published (at least for Nebraska).
Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.
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kanshul
12-28 09:11 AM
I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.
Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.
more...
immig4me
06-30 11:07 AM
I am on an H-1 and my wife has an H-4 visa.
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
We do not have an AP as we didn't renew it after the first one (from July 07) expired.
We do have valid EAD�s (which we have not used until now)
We have to travel urgently to India for some personal reasons in July 2010.
What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?
Thanks in advance.
You will have to get your AP and enter the US using it. That would be best. Consult your lawyer too..
number30
04-25 08:26 PM
Thanks a lot for the quick reply!
Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.
Will Advance Parole be valid until she comes back? Technically you cannot take her Green card and give it to her outside US.
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sent4dc
05-13 01:33 AM
I am not getting paid equivalent to what is there in my LC. Is there any problem to get approval of my I-458?The I-485 has nothing to do with your salary, it is the "Application to Register Permanent Residence or Adjust Status". It makes a difference for your I-140 application, though, but you will need to re-phrase your question then.
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anilsal
12-02 11:43 AM
We can never trust that lawyers have the latest information. That is why it is so important to get views from the community in forums. Everyone has different lawyers and has different experiences.
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krishna_brc
10-21 02:54 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Chances are very high that your priority date will be current before Aug 2011.
good luck
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perm2gc
06-14 05:59 PM
Hi All,
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
My previous I-140 was denied due to the ability to pay issue since company was in loss and Idid not get prevailing wage since PD.I have appealed it hoping I can extend my h1 beyond 6th year.Is it true?
Also, Now we have pre approved labor with lower in same company where I can satisfy by showing W-2 to prove the ability to pay. Now If I am planning to apply another I-140 with labor sub,
would it matter to the new I-140 appllication if the previous I-140 was denied and is being currently appealed? Because in the I-140 form there is a question ,
"Has any Immigrant visa petition been filed by or on this person?"
Should I say "YES", Right? and also give the detail of previous filing????
Also How does USCIS verify the W2?BY contacting the IRS or ?
Please suggest?
Thanks
You have to give them detailed information.if you don't still they pull up your records.
IRS database can be accessed by USCIS under homeland security rule to verify any information regarding an individual.
more...
markeh
10-13 07:03 AM
doh! maybe i'll have better luck with windows mobile 7
thanks for the reply :tini:
thanks for the reply :tini:
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gchodhry
02-28 01:28 PM
Hi,
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
more...
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aries22
07-18 09:26 AM
The company will have to sponsor the H1 in full. Not enough to just give you an employment verification letter.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
Thanks for your reply.I thought it's a possiblity that we can transfer with an employment letter.Looks like its not.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
Thanks for your reply.I thought it's a possiblity that we can transfer with an employment letter.Looks like its not.
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mn_finch
08-25 05:48 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
more...
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user9
07-25 10:54 AM
Guys,
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Are the dates mentioned in this bulletin for new I765 applications or renewal applications?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
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vallabhu
08-26 02:11 PM
Bump
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rpat1968
11-05 02:38 PM
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
my spouse AP was approved last friday also from NSC and we recd the document just yesterday.
my spouse AP was approved last friday also from NSC and we recd the document just yesterday.
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OLDMONK
07-18 11:39 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
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Tshelar
11-06 10:40 AM
Yes you can transfer based on the receipt number. There is not restriction on how many H1B petition can be filed on your behalf by different employers simultaneously. As long as you have no GAP in your paystubs during this transition you should be OK. I have gone through this experience in the past without any issue.
desi3933
05-19 03:57 PM
..............
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
..........
I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.
___________________
Not a legal advice
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
..........
I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.
___________________
Not a legal advice
razis123
03-27 05:28 PM
The expenses for a normal delivery would be between 10-15000$ if everything goes fine.Medicare help is from federal so it would be better if its not taken risking the GC.Usually the hospitals gives some break depending upon family income, so even if its 50% its not bad.Else going to home country but at this stage doesnt look wise.
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