bank_king2003
09-17 01:30 PM
Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
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desi3933
06-22 07:51 AM
If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.
I am NOT an attorney and this is not a legal advice.
Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
--Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.
Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.
Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.
I agree this is good idea. She may have to travel out of US to get back into H4 status.
See above in Blue.
Not a legal advice.
------------------------------------
Permanent Resident since May 2002
permfiling
10-28 01:23 PM
Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC
Did you get your physical green card? Have you completed your FP?
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
Did you get your physical green card? Have you completed your FP?
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
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aadimanav
10-19 11:27 PM
Processing Time Upated
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
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indyanguy
01-30 07:59 AM
Bumping for help . Thanks
SNLive999
06-11 07:32 PM
Again Thanks Dhun Dhun.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
My worry is if they dont give me anything in writing tomorrow and down the lane if uscis (god forbid ) denies/abonden our 485 based on this new notices saying we did not give our FP's, then How to manage that.
more...
lostinbeta
10-15 10:42 PM
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Thanks no-tec :)
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Thanks no-tec :)
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05-02 06:45 PM
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C. UHRMACHER @ 8,26am on July 2
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TwinkleM
03-25 02:30 AM
@zimmy100 (http://immigrationvoice.org/forum/member.php?u=33255)
Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.
Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.
Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:
Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.
Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.
Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:
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10-05 10:49 AM
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Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
Even as layoffs persist, some good jobs go begging - Yahoo! News (http://news.yahoo.com/s/ap/20091004/ap_on_bi_ge/us_good_jobs_unfilled)
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arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
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desi3933
07-08 11:08 AM
While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
more...
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
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Steven-T
February 20th, 2004, 10:13 AM
Scott, yes, very much. I still have my bonus from 2002, but it was shifted to my daughter's education account. Waiting for my 2003 bonus payout soon, if any? Usually it occurs in late January.
Well, I may not have much time in the next two months for photo shooting. We are busy responding to our President's economic advisor's line, and working hard to improve the economy and our shareholders' return!
Steven
Well, I may not have much time in the next two months for photo shooting. We are busy responding to our President's economic advisor's line, and working hard to improve the economy and our shareholders' return!
Steven
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alterego
02-09 07:10 PM
Yes but some discussion is going on behind the scenes. I would not be surprised if some such relief were included when we see the final legislation on Feb 15th.
Schedule A, by definition is an area where lawmakers have sympathy. It is guilt free since their own gov't surveyers are designating those areas as in short supply.
Right now the achiles heel for us is that just mainly India is affected. Hence the focus on this probem to the lawmakers seems like just a an Indian IT guys issue. You heard the good senator Biden's comment about what he felt about that, when he slipped up in Dunkin Donuts. I feel that is at the core of the problem. Hence they see it as a favour for us rather than a competitive benefit to this country.
Schedule A, by definition is an area where lawmakers have sympathy. It is guilt free since their own gov't surveyers are designating those areas as in short supply.
Right now the achiles heel for us is that just mainly India is affected. Hence the focus on this probem to the lawmakers seems like just a an Indian IT guys issue. You heard the good senator Biden's comment about what he felt about that, when he slipped up in Dunkin Donuts. I feel that is at the core of the problem. Hence they see it as a favour for us rather than a competitive benefit to this country.
sheela
09-25 01:22 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
kalyani_kontham
06-27 02:36 AM
Sorry to know about your layoff. What I would suggest is try to get a Consulting company ( maybe desi ) to transfer your H1. That would give you some leeway to find a project again.
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