x1050us
05-15 08:06 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Did you submit the 485s together or separately.
Did you submit the 485s together or separately.
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h1bnogc
08-28 10:52 PM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
probe
07-14 11:20 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
This is quite ridiculous and insane.:(
If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
This is quite ridiculous and insane.:(
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bharani
11-19 11:09 AM
Anyone got the same thing? What can I do here?
Refer to my comments in this thread http://immigrationvoice.org/forum/showthread.php?p=295160
Refer to my comments in this thread http://immigrationvoice.org/forum/showthread.php?p=295160
more...
istrategist
01-26 04:07 AM
EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
laksmi
12-06 10:54 AM
Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.
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pd_recapturing
07-14 12:27 PM
Can someone confirm the same for BA via London?
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mach1343
04-29 11:57 PM
Hi,
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
No issues I got it in 10 days...tracking you would get emails about the approval.
Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.
No issues I got it in 10 days...tracking you would get emails about the approval.
more...
pappu
08-23 03:25 PM
Pappu--> Thanks for being on top of everything. There is a slight difference between spaming and giving information in 2 different threads. Paskal already closed the other thread and I agreee with that. But this is not spaming my friend..... Spaming is putting useless information all over with no interest on that....
I guess you would understand what I am talking about..
Sure thanks. I should have said-- don't post duplicate posts. I take my remarks back.
I guess you would understand what I am talking about..
Sure thanks. I should have said-- don't post duplicate posts. I take my remarks back.
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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 :-)
more...
saint_2010
07-11 04:44 PM
Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.
Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
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kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
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leo2606
12-10 06:37 PM
Ok sir I am sorry.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
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hpandey
11-11 11:06 AM
Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
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alien2006
07-21 02:56 PM
Isn't Murthy in the DC Area?
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yganreddy
10-02 08:29 PM
Just want to double confirm, are you sure that if G-28 is filed along with I-485, ONLY lawer receives RFE letter. Can you please point to any official link?
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Hi,
As per my knowledge you should always file G-28 if you changed your attorney if you filed one earlier. If there is any RFE they are the one who is going to receive.
Thanks
I left my old job where I filed G-28 with I-485. At my new job, HR in immigration department are telling me that there is no need to file G-28 since RFE is received by the applicant. Nor they recommend filing AC21. So no G-28 no AC21
Please guide.
Hi,
As per my knowledge you should always file G-28 if you changed your attorney if you filed one earlier. If there is any RFE they are the one who is going to receive.
Thanks
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krishnam70
11-20 04:03 PM
I answered your question in the other thread you opened Ibbu
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Flash-Matic
10-28 10:38 PM
How much do you expect the "earnings" to be?
Dono depends how good we are togather and what we are doing but id like a decent amount
Dono depends how good we are togather and what we are doing but id like a decent amount
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mbartosik
01-30 08:41 PM
Yes this looks bad, and what we're trying to do with MI will be stomped on to a large extent by this.
The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
Also licenses to be marked as temporary.
The key problem is that it assumes that DHS SAVE system is up to date, and we know how far USCIS gets with data entry.
Also licenses to be marked as temporary.
fortune50
07-27 02:53 PM
The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
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