saketkapur
03-26 11:09 AM
My wife got it stamped twice in Delhi....there were no issues as her application does not mention any 485 filing......
You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.
Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".
Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.
Above is just my opinion. Please consult a reputed immigration attorney as every case is different.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
You can only file for her adjustment once her waiver requirements have been met....until then she has nothing to do with your application.
Once her waiver requirements have been met and your PD is current she can file her I-485application as an "accompnying spouse".
Now there has been some difference of opinion as per different answers I have received on forums from Murthy and Ron Gotcher. As per Murthy the I-485 can only be filed once the waiver is complete but as per Ron AOS can be filed once the waiver is approved. In the latter scenario she can make use of EAD and AP benefits but her final AOS will only be approved upon waiver completion. (Both the above scenarios are obviously only possible if your date is current.....:eek:)
If any of you guys find out whichever of the above scenarios is correct then please update the thread......even though with the PDs sitting in dark ages I do not think the above situation will really matter in my case.
Above is just my opinion. Please consult a reputed immigration attorney as every case is different.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
inskrish
11-18 05:37 PM
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
sanju_dba
02-13 12:14 PM
You guys mean "ONLY" when your PD is current? right? :rolleyes:
GCAmigo
06-15 08:45 PM
What is a EVL letter ?
EVL (http://forums.immigration.com/showthread.php?t=165877)
~GCA
EVL (http://forums.immigration.com/showthread.php?t=165877)
~GCA
more...
abheja
12-21 07:25 PM
Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.
My interview was in June so I don't know if things have changed since but please consult your attorney.
My interview was in June so I don't know if things have changed since but please consult your attorney.
reddy77
11-06 03:29 PM
I am july 18th Filer, NSC, got my EAD and FP done, but still waiting for AP, got couple of LUD's for AP last week, but still it shows as received and pending ...
more...
unknown123
01-02 07:34 PM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No it is not required to maintain valid EAD if you are in AOS.
loudoggs
12-03 12:22 PM
Thank you!!
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
more...
kbsyed61
08-21 10:01 AM
I'm waiting as well.
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
Center: NSC
PD Nov 2004,
I-140 approved Sep 2007.
RD July 2, 2007.
ND Aug4, 2007
rahul2699
05-13 09:33 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Thanks. I've done that yesterday (sending e-mail)..I guess i need to be little more patient
more...
dixie
07-18 05:10 PM
It is puzzling that EB3 World didn't move a single day. Per my calculations, it should move three months in each month.
My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.
I accept that there are lots of loop holes in my calculations as it didn't move a single day.
Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?
I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.
Many people say uselessness of predictions but I think we can predict to certain extent.
There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.
Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.
But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.
My calcuations were based upon that there are about 100,000 applicants (excluding Indian) between year 2001 and 2005. Currently, China Mexico Philippine's cut off date is the same as ROW. I just assumed that there are about 35,000 visas available for ROW including China, Mexico, and Philipine (the remaining 10,000 for India) per year. In this case, it should move by three months in each month.
I accept that there are lots of loop holes in my calculations as it didn't move a single day.
Does anyone have a rough idea how many non Indian applicants out there between year 2001 and 2005?
I think many of you can do more accurate calculations based upon more reliable sources. Please show me how.
Many people say uselessness of predictions but I think we can predict to certain extent.
There are two things that make calculations uncertain : One, there is no way to know how many people applied for GC. Remember, many workers are exempt from the H1-B quota (people working in hospitals, universities and other non-profit research institutes). Then there are other dual-intent categories like L1 with no cap on them.Even USCIS does not know how many cap-exempt visas it issued.
Second, there is the operation of those two black-holes, PBEC and DBEC. Nobody knows how many apps are in there, nor do we know how slow/fast they will/ have been operating.
But one point is increasingly clear : retrogression is NOT an India and China specific issue. so far all of EB3 is retrogressed. The day may not be too far when that virus spreads to EB2. The only long-term solution is to unitedly fight for legislative change.
cooldudesfo
09-11 01:46 PM
Does your Attorney says that counter will start from Aug 28, 2007 ?
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
Did he say anything about Aug 28, 2007 falling out of Aug 17, 2007 limit date for filing AOS and can that cause any issues?
I am still waiting for an answer from my Attorney. Will post the details here as soon as I hear anything from them.
more...
Kapils573
01-25 08:22 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
kshitijnt
12-04 02:39 AM
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
You never told anyone that ONLY you filed 485. Generally this is not the case.
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
You never told anyone that ONLY you filed 485. Generally this is not the case.
more...
ajay
08-16 11:23 AM
I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
- gchopes
In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.
little_willy
05-02 09:41 PM
Little_willy,
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks
Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks
Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.
more...
shreekhand
08-28 04:42 PM
Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
EB3_SEP04
01-28 09:21 PM
I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?
485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:
485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:
eb3retro
02-27 03:03 PM
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
and for god sake, please update your profile.
and for god sake, please update your profile.
va_dude
03-04 03:51 PM
The url forward is for admins to decide. What does it really buy us.
But the home page clearly states this:-
Immigration Voice is a national non-profit organization (501 (c) (4)) working to alleviate the problems faced by legal high-skilled future Americans in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government.
I think this makes it clear we are talking about legal skilled folks.
just my 2 cents.
But the home page clearly states this:-
Immigration Voice is a national non-profit organization (501 (c) (4)) working to alleviate the problems faced by legal high-skilled future Americans in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government.
I think this makes it clear we are talking about legal skilled folks.
just my 2 cents.
peacocklover
10-08 08:10 AM
Quite typical - on the one hand mouths off against illegals, but on the other hand employs them, I presume at below minimum wage with no benefits. And these are the people who want to be President of this country. Dobbs is nothing but a low life.