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  • spicy_guy
    08-11 12:09 PM
    Pappu: Can we do anything about it? It does seem to be a good bill.
    If voting on the website really has any impact, why can't we do it?





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  • Neocrack
    04-19 11:31 PM
    I had the same situation:
    1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)

    2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).





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  • GCWarrior
    04-16 02:57 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks





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  • gc_in_30_yrs
    09-11 04:03 PM
    My PD is Aug, 2004. Got 45 Days letter sometime in March 2006 and replied. No movement. No changes. No information. Employer says, he did not hear anything from them to start advertising.



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  • andycool
    01-06 04:54 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria


    Pria

    send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.

    thanks





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  • lskreddy
    06-10 07:56 PM
    Well, at least someone will benefit out of this.

    I hope this is a precursor to something more broader..



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  • martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





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  • Lisap
    08-03 12:11 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....



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  • arpu31
    11-13 07:35 PM
    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu





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  • fall2004us
    09-14 03:50 PM
    listening.......
    great job IV....



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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.





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  • sanojkumar
    08-21 12:09 PM
    "Would it be too much to ask, now that you are happy that your checks are cashed, to show some appreciation for IV by performing tasks at the state chapter level?

    Since I lead the IL state chapter, do you want to help out now that you are in Chicagoland region?
    "

    Send me any task if you are over burdend. Although we have just moved this weekend, even then I will be happy to do something.



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  • sbabunle
    09-05 03:44 PM
    The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.


    Well if the Republicans want those hispanic votes why dont they
    pass the CIR right away? Why they have to wait until the mid term?





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  • vin13
    01-06 03:19 PM
    The officer retains one of the original AP the first time. The other one that is handed over to you is stamped. So next time, you show the one that is stamped to enter and you will not have to give them any more copies.



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  • indianabacklog
    07-27 09:32 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
    EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.

    However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.





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  • Bhaskar_80
    06-10 02:29 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,



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  • jliechty
    January 6th, 2005, 10:57 PM
    A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)





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  • aug2007
    02-24 12:02 AM
    I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.

    I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.

    I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?

    I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?

    Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.





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  • gceb3holder
    02-27 08:09 AM
    Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

    Other thing, the 6 months, is counted from the receipt date or the approval date?





    kaisersose
    12-07 12:05 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance

    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.





    anjans
    07-18 04:57 PM
    You need to fill the application with date of entry anf I-95 number!



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