resident1374
01-26 08:04 PM
I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Thanks!
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immigrant2007
08-05 01:37 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
--Is it a DREAM?
--Is it a DREAM?
sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
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perm2gc
08-30 12:54 PM
questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
thanks It depends on your state wages ... It is always good to make same amount or more while GC is in the process.After GC it depends on you...
more...
kaisersose
07-02 04:11 PM
Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.
I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.
I said they decided to process EB2 140s over EB3 140s because there were more approvable cases in the former set. I did not say they are approving 140s based on PD.
dhesha
08-28 02:07 PM
IV member Venkat80 posted this mail but has removed it for some reason.
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
more...
apple
09-10 12:01 AM
Hi ,
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
Here is the scenario:
-- My AP expires in Dec'08 ( Applied for extension and waiting..)
-- H1 in Apr'09.
If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?
Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?
Please advice.
- Thanks
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qualified_trash
05-31 02:08 PM
berkeleybee,
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.
thanks.
more...
Googler
08-26 10:44 AM
Asking for the WOM to be dismissed on the grounds that it is discretionary is a standard tactic -- both for citizenship and I-485. The courts aren't buying it. Depending on your district and the particular judge, your chances of getting the motion to dismiss thrown out are very good.
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
Yingli there is no shortage of excellent advice and templates on this thread on Immigration Portal.
http://boards.immigrationportal.com/showthread.php?t=194681&page=811
For an overview see:
http://www.ailf.org/lac/clearinghouse_mandamus.shtml
http://en.wikibooks.org/wiki/FBI_name_check
Good luck!
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GCBy3000
09-01 05:00 PM
Ohh... Is there a IV Core fan club?. Let us vote for president, congressmen and senators within IV and pass this SKIL bill.
Me too need some fan.. it is getting warm in here.
Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.
Me too need some fan.. it is getting warm in here.
Have a nice long weekend guys. It will be fire from next week in congress on the immigration bill. May be the berkeybee, logiclife will also show up and cheer us again.
more...
gc_lover
07-09 10:20 AM
If you search...you will find more of these ads!
EB2/ EB3 PREAPPROVED LABOR AVAILABLE
This is your last chance to get labor substitution done !
- CALL IMMEDIATELY
If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !
Please call Purvi immediately at 732-494-4999 x 104
or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.
Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!
EB2/ EB3 PREAPPROVED LABOR AVAILABLE
This is your last chance to get labor substitution done !
- CALL IMMEDIATELY
If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !
Please call Purvi immediately at 732-494-4999 x 104
or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.
Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!
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shivarajan
04-07 04:45 PM
I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
I don't think above is correct!
Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!
In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.
more...
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capriol
09-17 08:11 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
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eb2dec2005
09-23 01:26 PM
Soft LUD for me. It was so soft that it didnt even update the date.
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
You cracked me up :)
New term: Very Soft LUD. No visible change to the naked eye, but something is cooking behind the scenes regarding your case
You cracked me up :)
more...
pictures Eagles iPhone Wallpaper
sankar_203
04-20 10:20 PM
i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..
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venky08
11-02 11:17 PM
time is running out...looks like they will keep on playing this game till the elections...unless the media kicks in and starts painting the negative picture about the plight of employment based immigration. currently its only is dominant in newspapers etc. the visual media is still dominated by likes of Dobbs.
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
more...
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sargon
05-18 11:51 AM
There are two pointless threads on this site, one is titled "The yanks are coming" and another as "US political system is broken". They both contain long rants of a single user. I seriously doubt if anybody ever reads them, as is evident from the absence of any other user's reply to these threads. Why don't we just remove them, or block them from showing up on the main page. At least it will free up space for more useful threads.
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kondur_007
04-17 05:49 PM
they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir
lets start the undocumented bashing party now......
I would agree with you on this. However, a failed attempt is better than no attempt.
Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.
Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.
lets start the undocumented bashing party now......
I would agree with you on this. However, a failed attempt is better than no attempt.
Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.
Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.
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sundarpn
04-20 01:24 PM
Student79,
Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?
Question:
If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?
The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.
And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?
Are you doing a COS from H4 to F-1 or is your spouse going to India and getting F-1 stamped directly?
Question:
If one applied for a new F-1 at the consulate and for whatever reason F-1 is denied, can she return back on H-4 visa that's already stamped.?
The F-1 at the consulate - you get to know immediately rather than wait in limbo for H4 to F-1 COS.
And if H4 to F-1 COS get approved in the middle of a semester when one is taking less then full time load, what happens?
globaldesi
05-19 12:04 PM
Is the intention to tie up ability to file I-485 with the newly proposed 2-tier processing of AOS cases i.e. step 1) pre-adjudication and step 2) issuance of GC once the visa numbers are available?
a_yaja
07-27 10:17 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
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