raysaikat
07-13 02:36 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied)
You need to be the primary applicant in the I-140 (I am assuming that you are the one whose employer is filing I-140). Then you can use either spouse's country of birth for chargeability (which in your case would be UAE) for I-485 (I-485's are individual: for her I-485, she will use her country of birth; for your I-485, you will use your spouse's country of birth).
while she is on F1 or wold it lead to conflict in visa status?
As I said, once I-485 is filed for her, I believe that her F1 status would cease to exist and her status will become AOS. But you need to get confirmation from a lawyer on that.
SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Not sure what you mean. If the PERM application asked you to list your dependents, and if you were married that time, you must have put her name as a dependent.
As for immigration intent: H visa is dual intent. I think she would be fine until I-485 is submitted on her behalf. If she enters the country on F1 visa (therefore expressing non-immigration intent), then it may be wise to wait for 60-90 days after the date of admission before submitting I-485 (and hence expressing immigration intent). I do not know what are the rules/precedence if she changes status in the country and does not travel.
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IAspire
02-21 10:17 PM
Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.
indianindian2006
08-20 07:44 PM
I am a July 2nd filer but my PD is April-20-2006 if that matters.
RD -07/02/2007
ND-08/08/2007
Still waiting...........
RD -07/02/2007
ND-08/08/2007
Still waiting...........
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mpillai
05-08 09:40 PM
Many qualified for EB1 need not necessarily be already in EB1.
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
Possible reasons are:
1. Unawareness at the time of filing (just followed what attorney said).
2. Was not in a hurry for GC, so just followed attorney.
3. Thought that EB1 might be a complicated case (even though genuinely eligible), and just filed EB2, never thought it will retrogress that bad.
4. The job requirement at that time didn't need an EB1-qualification.
You will be surprised to see how many PhD and MS candidates and researchers are in EB3.
just wondering
How gaining so much experience or education is possible in such a short amount of time?
No , I'm not jelous or anything. Please don't misunderstand.
EB1 requires very high education. Right?
just wondering. I 'm ready to work hard. Just need direction?
How people do it. Do they take a MBA/PHD?
Thanks
more...
rvr_jcop
02-15 01:30 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
mailsunnydeol
08-07 11:53 AM
Progress so far:
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Welcome Notice Received by Lawyer
more...
reachag
12-27 11:00 AM
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
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JunRN
12-17 06:57 PM
Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
more...
gauravster
04-30 07:48 PM
Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.
http://online.wsj.com/article/SB124112017018574119.html
http://online.wsj.com/article/SB124112017018574119.html
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vegasbaby
02-23 12:40 AM
I have similar question about EB2 and experience with current employer
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
more...
rkat
02-06 11:56 AM
Thanks everybody for your help.!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
Ebizash - i would appreciate it if you please post some of info. or PM it to me.
Greatly appreciate all ur help - everybody! Thank you!
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samrat_bhargava_vihari
02-05 04:12 PM
Guys,
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
Don�t spread false information if you don�t know.
Possibility -- Yes
Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.
Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in immigrationportal.com you will find more information.
-------------
I am not a lawyer use this information at your own risk.
more...
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sts_seeker
02-07 01:11 PM
you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.
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raminmd
08-14 05:00 PM
Hi all:
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.
However, I just got an approval email for my I-485 and the online status has been changed to approved too.
What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?
We are really worried. Has anyone been in this situation? What is the best way to resolve this?
I can honestly say that I never thought I would look at my 485 approval and get depressed.
Thanks.
more...
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minimalist
06-10 02:54 PM
Copy of 485 receipt
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
Copy Front and back of current EAD
Photos with A# and name in the back (With Pencil/Felt Pen)
Check for 340 Payable to US Department of Homeland Security" (with A#/Name in the memo section) -- Separate checks
Thanks for encouragement,
It's always scary the first time. : )
Re. Check caching - just FYI, now-a-days, they copy the check, convert it to EFT and destroy the original so getting case number from copy may not work.
Also do I write A# on back of photos or something else? Any idea if there are restrictions for using pen or pencil or such?
thanks again,
NS
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ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
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Ennada
01-20 01:37 PM
This looks great.....good work.
:)
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gcfriend65
12-06 10:08 AM
So, did you follow up later...to see what happened on your case or are you just waiting. My lawyer says that the timelines are just like that.
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
even my employer opened a service request.
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kittu07in
08-20 06:39 PM
no....485 is not applied for her. She don't have an EAD.
Ramba
12-11 03:08 PM
"class of admission" -when you enter USA last time what class POE officer admitted you. This can be different from your "current status-H1B". Therefore you should write F1.
There is no fee difference for single entry & multiple entry.
There is no fee difference for single entry & multiple entry.
amalshe
12-09 06:13 PM
PhD in Business from an accredited US institution; currently working as Asst Prof.
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