manderson
02-08 10:51 AM
bump
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.
Student with no hopes
01-24 09:40 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
crystal
02-14 07:49 PM
You cannot jump to EAD unless you file ur wife I-485 . Before that if you jump to EAD , your wife has to leave the country as she become out of status as you are no more on H1b.
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
more...
nat23
03-09 02:06 PM
Hi nat23,
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
Thank you very much for your reply.
Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.
This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.
For this 5 months, i will be H4 and will not get paied by this company.
Question is:
1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?
If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.
2. Can mutiple employers file for h1B with same start date of Oct 1st?
If yes, then i would start looking for other jobs as my backup H1b jobs.
From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.
Please advise. Much appreciated - thanks
Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.
good idea
10-25 11:14 AM
If they can be shared with everyone, I am sure they would. But, if I were you and have an option to port to EB2, I 'd probably do that.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
If porting going to cost you,you may want to wait till Jan , which is only 3 months away.
As per current situation for EB3 I, without spill over reaching to EB3, its difficult to have hope that something good can happen until something like visa recapture HR 5882 happens. So, there is nothing to loose to wait till Jan 2010 & believing that IV Admin & Seniors are have plans to initiate or have already initiated something.
I googled for 'Immigration bill in Jan 2010', and got News for Immigration bill (http://www.reuters.com/article/politicsNews/idUSTRE5765Y420090807), if that is what Admin has referred in his post; (my words can put me in bad list of admin), but still I would say that Admin is very (over) optimistic, If I am not wrong but that's elections year and in other posts IV members have different views about response to this bill in election year.
My GC is just stared, and PD for EB3 I is 2001, I am 8-9 years behind and GC PD calculator of IV shows my PD to be current in 2032 , so may be I am over pessimistic.
more...
factoryman
06-18 01:08 PM
I doubt it. As far as I know only HIV from the blood drawn. I will look into the copies the doctor gave me.
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
All
First of all, sorry to open a new thread for my problem, but didn't find a related thread.
I was tested positive for genetal herpes 6months ago, but after that i didn't have any outbreaks. Now i have to go for medicals for my I485 next week.
Iam very much worried if it will effect my chances of getting GC.
Should i let the civil surgeon know iam positive for herpes and show my medical reports before he does the blood work, or should i wait till he finishes my blood work? I have read that i can apply for a waiver even if im tested positive for herpes, is it true? If so, can any body please tell me what is the procedure? Do i need to do it when we are filing for 485, or is it a separate process?
Please guide me.
Thanks in advance.
smssharma25
12-05 08:41 PM
I am also having the same problem. Our company won't share the labor application details with us. I know only job title. I am not even sure what job I should search for.
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
more...
Saralayar
07-27 10:58 AM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)
rameshvaid
04-09 07:32 PM
Thanks Bytes4lunch for your input. I do not have AP also and am at their mercy now.
Lets hope for the best.
Thanks anyway
Ramesh
Lets hope for the best.
Thanks anyway
Ramesh
more...
suny_saini
07-23 01:40 AM
FROMNAIJA
Thanks alot for the information.
Thanks alot for the information.
cybergold
04-28 03:26 PM
http://www.freewebz.com/cybergold/cybergold2.jpg
There is my Robot, can you change the link Pom?
There is my Robot, can you change the link Pom?
more...
jkays94
03-22 09:51 PM
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
You're welcome, great! keep us updated, I believe most of the Senators are unaware of the impact and plight of high skilled employment based GC applicants. The eventual fate in the house of the immigration provisions in S1932 has indeed created the false impression in the senate that these issues were addressed in the bill. Keep up the good work, its important that we get the message urgently to the different senate offices given that Senator Frist indeeds to have one of the Comprehensive Immigration bills debated on the senate floor starting this coming Monday (March 27th)
hopefulgc
01-26 02:33 PM
Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
more...
gc_wow
07-07 01:31 PM
I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?
gc_on_demand
05-20 10:46 AM
Members
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
more...
vinzen
08-14 10:55 PM
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
Hello guys ,
New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:
1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
These were the only two entries on my status on https://egov.uscis.gov. So far so good.
3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.
Sorry for the long post and to make you read all this. Any help will be appreciated.
thanks,
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
Hello guys ,
New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:
1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
These were the only two entries on my status on https://egov.uscis.gov. So far so good.
3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.
Sorry for the long post and to make you read all this. Any help will be appreciated.
thanks,
HarishM
09-21 04:06 PM
Hello,
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
I'm Harish. I've finished my masters in usa and working on H1-B. I applied for GC this year. Right now at 1-140 filing stage. I think I-140 should be approved in a few months. After that how long should I wait to apply for I-485?
I want to change my employer. I believe you can do that 180 days after u file for I-485. So can any1 give me an approx time when I should be able to file I-485.
With all this retrogression its really confusing and frustating to understand...
I appreciate your help.
Thanks,
Harish.
ramaonline
03-24 03:16 PM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
missourian
06-25 11:11 AM
My case my company pays $325 for both(me and spouse)
$70 * 2 (Finger Print)
$170* 2
$180 * 2
I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though
$70 * 2 (Finger Print)
$170* 2
$180 * 2
I have take care of it, plus I have already spent around $700 for medical, there is no lawer fees though
arnet
09-13 02:28 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.