Wednesday, June 29, 2011

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  • krishna_brc
    12-05 04:25 PM
    :confused:Here is another scenario -
    485 filed 1 year back and have been working with the GC sponsoring employer since then ( on H1, did not use EAD).

    Employer is not going to revoke approved I-140 even if i change Job/H1.

    Now, can i use Advance Parole to travel while working for the new employer on a new H1?

    Your inputs are highly appreciated.


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  • forgerator
    10-23 11:28 AM
    I was married in India as per Muslim law and currently both of us hold US citizenship. At the time of marriage we both were indian citizens. What kind of rights do my wife has on my property in India on our divorce (I bought these properties after my marriage and it is all registered under my name) ? In US, both husband and wife would share any property that we aquired after the marriage. Does the same true in India?

    Thanks for your help. I pray no one should go thru these type of issues in thier life.

    Well , the law states that the property accumulated after marriage has to be divided. Did you buy that property in India with money you accumulated in the US? Did you transfer that money from US to India? Was that money accumulated after marriage? If yes, then it will be divided as well. Of course it's best to check with lawyer first.

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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.

    For when you already filed I-485.

    For when you have not filed I-485

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

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  • gcformeornot
    08-08 09:48 AM
    Surprisingly my wife and daughter's 485, EAD and AP checks were cashed yesterday and not mine.

    July 2 filer
    PD : Dec 2005.
    labor approved dec 2005
    I-140 approved jan 2005.

    How about updating in July Tracker thread.


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  • microbe
    February 17th, 2004, 11:35 PM
    i'm no pro, but i think the first is much better then the second. the framing of the image is a bit off, but to me that's what makes the image.

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  • sideeque
    05-23 01:10 PM
    I got 221g pink slip from Chennai-India for Administrative Processing and still waiting for my Visa renewal stamping after 72 days.
    They informed me that they cannot give any specific timelines in which the processing will be completed.
    I did find lot of people in these same boat in different forums.


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  • vban2007
    07-20 04:08 PM
    No, I wont.
    We had a similar situation.

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  • QuintonBermuda
    05-06 04:56 PM
    I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):

    Information for H-1B Visa holders
    H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the

    United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.

    One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.

    I-94 (Arrival/Departure Record)
    Form ETA - 9089 Alien Labor Certification Application
    I-140 Immigrant Petition for an Alien Worker
    Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status


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  • nashorn
    12-12 01:11 AM
    You can find out by calling USCIS. There is thread here teaching tricks to get to talk to a immigration/field officer. If you can do that, you can ask him/her, and may get the answer.

    By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.

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  • morrisking
    03-09 05:15 PM

    I am working in the US on H1-B visa, and would like to start a company which would develop iphone applications which would have accompanying websites where people would register and pay a monthly service fee.

    I have read the various forums and it appears that I can be a passive investor in the company and not assume any role or work for the company even in a volunteer fashion.

    I would like to however fulfill my entrepreneurial dream and would like to take on the role on the CEO of the company. So, can I start the company in India (my country of birth) e take on the role of the CEO and then start a company over here as a passive investor and then do the leg work for expanding the business in US.

    Please advise.


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  • illusions
    03-31 05:42 PM
    i'll be at work at that time, hopefully i'll read it online. Thanks fot the tip.

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  • petepatel
    09-01 01:01 AM
    Matamoros, Mexico

    Here is where me and wife got our H visas stamped

    Also you may want to go through

    Nice Service.


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  • GlobeTrotter100
    10-11 09:51 AM
    H1 processing for 2nd time : First 6 yrs on H1 over!

    My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.

    Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?

    Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?

    When will I be able to enter the US : after Nov.2008 or Oct.2009.

    Any inputs in this regard will be highly appreciated. Thanks in advance.

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  • golgappa
    08-19 02:00 PM
    Thanks for your reply I am really not in a position to wait, and I have a EAD as last resort..

    BUT can I join on the same date...

    Can you please share your views on that front...


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  • lonemetro
    08-11 07:04 PM
    Dear Friends,

    I finally got my RIR/EB-3 approved. My lawyer just mailed out EB-3/I-140. Now, our parent company is trying to transfer me there to work for them. Because the parent company has totally different name and tax id, that means I will need to start from H1B-PERM-I140 all over again.
    If I start working for the parent company before the current EB-3/I-140 gets approved, will I still be able to use its Priority Date when I apply for the new EB-2/I-140 under parentcompany? What if the parent company decide to close down my current company before EB-3/I-140 gets approved, will that I-140 still be valid?
    Any input is welcome and appreciated.

    Thanks much!

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  • parablergh
    09-09 02:38 PM
    As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.

    The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.

    You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.


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  • buehler
    12-13 06:06 PM
    Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
    Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.

    ssdtm & laksmi,

    Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.

    Can I still get my pay from my H1 job or should I wait for EAD approval?

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  • BECsufferer
    09-28 01:13 PM
    Two reasons why this will take long time;
    1. Multiple languages spoken in EU. Outside England, everybody prefers conversation in their native language. This will be big barrier for english speaking asian community.
    2. UK did this experiment and failed. A lot of Doc's left UK to US, Canada and Australia.

    So I won't suggest anyone to venture into EU. US is still the best place for foriengers and immigrants.

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  • webm
    05-13 10:54 AM
    I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??

    How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??

    07-23 02:12 PM

    My wife filed her LC under EB3 with June 2003 priority date and I filed my LC under EB2 with Feb 2005 Prority date. Later, I had a job change, in the same company and had to re-do my LC/I-140 -- this time the LC was filed in Nov 2006. My lawyer requested retaining of my original Feb 2005 priority date.

    Later when the floodgates opened in 2007, I filed for my I-485 (and my wife's) and a month later she filed her I-485 (based on her independent application and also added me as a spouse to that application).

    So now we have the following situation.

    1. We both have two A- numbers (Because I filed for her I-485 on my application and she filed for mine on her application)
    2. We now have three different priority dates

    Feb 14th 2005 � my original EB2 application
    Nov 2006 � my EB2 re-application
    June 2003 � my wife�s original EB3 application

    Most people with Feb 2005 Priority dates have already received their Green Card approvals. I have not and we got concerned.

    We contacted USCIS and they have told us that the file is "under review". We asked what Priority date are they using and the immigration officer said he cannot tell us that because the file is under review.

    My questions are

    1. How do I find out what priority date are they using?
    2. What should I ask my lawyer to do to ensure that USCIS uses the right priority date?
    3. I have an info-pass appointment on August 3 (my wife's appointment) -- what should I ask them? I went to them last week and got very little to no information. They did say my name check is complete and fingerprinting is complete, and that the case is sitting with an officer for review.


    03-01 11:01 AM
    Hi folks, i am in urgent situation and need your advice.

    My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?

    any comments/advices would be appreciated.

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