willIWill
08-09 05:47 PM
I would like to have a list of documents/forms needed to file for derivative I-485 for spouse.
I did come across a few lists on the web, some overlap and some don't, but they do not necessarily address the full list of documents needed when Primary's I-485 is already pending and spouse is filing separately at a later time.
The derivative beneficiary is already in US on a dependent Visa, looking to do AOS instead of CP.
I would appreciate if anyone can provide a list and it'll be great if any members in a similar situation have done it themselves.
Many Thanks.
I did come across a few lists on the web, some overlap and some don't, but they do not necessarily address the full list of documents needed when Primary's I-485 is already pending and spouse is filing separately at a later time.
The derivative beneficiary is already in US on a dependent Visa, looking to do AOS instead of CP.
I would appreciate if anyone can provide a list and it'll be great if any members in a similar situation have done it themselves.
Many Thanks.
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netfood
07-13 07:36 PM
I had L1A from 10/2005 to 10/2008. My lawyer filed I-485 in 2008, but he did not file extension of L1A. My L1A is expired in 2008. In Jan. 2010, my I-485 was denied. We filed appeal in Feb.. Then, we filed L1A extension, which is denied in June 2010. I do not know what to do? I have been in here for five years. now my wife and child's L2 also expired. Can I file another L1A without leaving USA (I was told no, because I did not meet 1/3 requirement, one year abroad within three years of admission into the USA. I have to go back Jamaca for one year and refile there, but I would give up my I-485). Thanks.
jaggubhai
07-07 12:49 PM
One of my friends was in the same boat as yours and he said YES. No problem in visa issuance. And as per my friend, the officer already knew that he was attending school. I think the schools report all enrollment to USCIS.
Also my wife went for visa interview recently. She is on H4 and she also said yes to Q33.
Hope this helps.
Also my wife went for visa interview recently. She is on H4 and she also said yes to Q33.
Hope this helps.
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GCwaitforever
01-26 11:11 AM
If you maintain residence here and continue to pay taxes, I think this is doable. You will have to ask USCIS for permission to stay out of the country for about three years.
more...
gps001
06-30 02:57 PM
Hi,
1. Valid H1-B stamping, expiring in 2010
2. Trying to renewe EAD/AP (Didn't use both until now).
3. Instructions of I-131 has the following statement
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
My question:
1. Does my applying for renewal of EAD and AP affect my travel?
Thanks.
1. Valid H1-B stamping, expiring in 2010
2. Trying to renewe EAD/AP (Didn't use both until now).
3. Instructions of I-131 has the following statement
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
My question:
1. Does my applying for renewal of EAD and AP affect my travel?
Thanks.
Ann Ruben
06-23 02:01 PM
As long as the labor cert. appeal is timely filed you should be able to extend for one more year.
more...
mgakhar
02-01 02:06 PM
Hi All,
I applied for my I485 during the July 07 fiasco and also for EAD/AP for me and my wife. I just renewed my H1B for another 3 years and my manager just said that since I have my H1B, I shouldnt renew my EAD/AP when it expires next year since it is quite an expense for the company. My wife is using her EAD for her current job and so that will still be renewed.
Just wanted to find out if there can be any issues if I dont renew just my EAD/AP?
Also after filing for the I485 in July 07, we did our Fingerprinting in Feb 08. We had not received FP notice and had to go through infopass to get FP done. Since then we've not received a renewal for FP again. I believe FP expires in 18 months and we need get it done again. Should I be receiving FP notice for renewal or do I need to go thru infopass again?
Thanks,
MG.
I applied for my I485 during the July 07 fiasco and also for EAD/AP for me and my wife. I just renewed my H1B for another 3 years and my manager just said that since I have my H1B, I shouldnt renew my EAD/AP when it expires next year since it is quite an expense for the company. My wife is using her EAD for her current job and so that will still be renewed.
Just wanted to find out if there can be any issues if I dont renew just my EAD/AP?
Also after filing for the I485 in July 07, we did our Fingerprinting in Feb 08. We had not received FP notice and had to go through infopass to get FP done. Since then we've not received a renewal for FP again. I believe FP expires in 18 months and we need get it done again. Should I be receiving FP notice for renewal or do I need to go thru infopass again?
Thanks,
MG.
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preeyanka
05-23 05:15 PM
Hi All,
I am finishing my PHD and wanted to know if anyone knows about the process of applying for an H-1b and/or GC for this particular category of health professionals.
Would greatly appreciate any help or advice.
I am finishing my PHD and wanted to know if anyone knows about the process of applying for an H-1b and/or GC for this particular category of health professionals.
Would greatly appreciate any help or advice.
more...
obelix
12-26 11:13 AM
My wife's H1B got approved earlier this week through company A. Company B also made an offer last month but they are still working on the H1B visa issue with the attorney.
So, my question is if this company (B) files H1B now, then it should be a "transfer (not subject to quota)" or "new petition (subject to quota)"?
I think she is already on H1B as of today with COS effective immediately approval so any new employer can only apply for transfer and they don't need to ask for COS. We will not have pay-stubs to transfer as we are still to receive the I-797 copy and apply for SSN so that payroll can be run for her.
Please let me know if anybody has got any insight on this situation. Very much appreciate your time.
So, my question is if this company (B) files H1B now, then it should be a "transfer (not subject to quota)" or "new petition (subject to quota)"?
I think she is already on H1B as of today with COS effective immediately approval so any new employer can only apply for transfer and they don't need to ask for COS. We will not have pay-stubs to transfer as we are still to receive the I-797 copy and apply for SSN so that payroll can be run for her.
Please let me know if anybody has got any insight on this situation. Very much appreciate your time.
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nkavjs
10-29 02:23 PM
Friends Hi :
Pls. advise me on our best choice.
I am on H1 (primary), currently working for this company for past 6-7 years. Applied for I-485, AP, EAD on 2nd July along with my husband's petition, who came to US on H4. Changed to F1 for past 5 years. He just got his EAD card and in next 6 months time, he will be accepting position with my same company upon graduation.
My question is what shd we do now, since he is on F1 on student records, but has a EAD approved.
Possibilities :-
1) Shd he call his student dept and get records changed from F1 to EAD holder?
2) Shd he continue as F1 and not worry about EAD for now?
3) Shd he accept the pjob offer on EAD and move on from there?
4) Can I continue to be on H1 and not use up EAD for now?
Pls. advise me our further course of action, which is legally correct.
Thanks
RPH
Pls. advise me on our best choice.
I am on H1 (primary), currently working for this company for past 6-7 years. Applied for I-485, AP, EAD on 2nd July along with my husband's petition, who came to US on H4. Changed to F1 for past 5 years. He just got his EAD card and in next 6 months time, he will be accepting position with my same company upon graduation.
My question is what shd we do now, since he is on F1 on student records, but has a EAD approved.
Possibilities :-
1) Shd he call his student dept and get records changed from F1 to EAD holder?
2) Shd he continue as F1 and not worry about EAD for now?
3) Shd he accept the pjob offer on EAD and move on from there?
4) Can I continue to be on H1 and not use up EAD for now?
Pls. advise me our further course of action, which is legally correct.
Thanks
RPH
more...
GCVictim
07-30 10:12 PM
Hi friends..
I have question to all of you. I am the primary filer to I-485. My wife worked on EAD last six months. Now she is out of project. Planning to go india and come back after 6 months.
Is there any problem, if stays more than 6 months out side country.?
Some people scaring me.
Please give me your suggestions.
Thanks in advance.
I have question to all of you. I am the primary filer to I-485. My wife worked on EAD last six months. Now she is out of project. Planning to go india and come back after 6 months.
Is there any problem, if stays more than 6 months out side country.?
Some people scaring me.
Please give me your suggestions.
Thanks in advance.
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dc2007
01-10 10:16 AM
Hi,
I am on H1B and still 4+ years are left on my new H1. I have got my I-140 EB2 cleared in July 07 and applied for I-485 in Aug. Got EAD in Oct.
My question is what is the better option out of the following to change employer:
1. To transfer H1B to new company with the same Job Title as was in previous H1B. I have good relation with my existing employer.
2. Or I can invoke AC21 and start working on EAD with new employer (after 180 days).
Questions:
Q1: If I want, can I come back to my existing employer on same old H1B (if thats still valid) ?
Q2: I frequently go to India (at-least one time in a year). So with EAD and AP, there might be more waiting/ filing each year etc.
Q3: Which is the better option for me - H1B or EAD ?
Thanks
I am on H1B and still 4+ years are left on my new H1. I have got my I-140 EB2 cleared in July 07 and applied for I-485 in Aug. Got EAD in Oct.
My question is what is the better option out of the following to change employer:
1. To transfer H1B to new company with the same Job Title as was in previous H1B. I have good relation with my existing employer.
2. Or I can invoke AC21 and start working on EAD with new employer (after 180 days).
Questions:
Q1: If I want, can I come back to my existing employer on same old H1B (if thats still valid) ?
Q2: I frequently go to India (at-least one time in a year). So with EAD and AP, there might be more waiting/ filing each year etc.
Q3: Which is the better option for me - H1B or EAD ?
Thanks
more...
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GC_Applicant
07-15 11:28 AM
People, please sign the above petition to Chertoff.
We need lot more people to sign it. It wont taken more than a minute.
We need lot more people to sign it. It wont taken more than a minute.
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mamsie1
07-14 12:19 PM
I have an H1B approval from USCIS, and I am trying to go to Canada for the initial visa stamping. But then i have a problem. I initially entered the country as a visitor, and married a citizen, but only after my I-94 had expired for about a week. (My petition is still pending. The company I am working for could not wait for my greencard, since its already been years since I started that process, so they went ahead and applied for the H1B visa for me). I heard that it is a problem to do the visa stamping in Canada if you have been out of status before. Is it advisable to go to Canada for the visa stamping?
:confused:
:confused:
more...
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Blog Feeds
07-09 08:40 PM
Every once in a while a government agency in the immigration space does the right thing. If I'm to maintain credibility and objectivity in the eyes of readers, I need to call out functional behavior when I see it -- notwithstanding that this blog is dedicated to dysfunctions in the immigration ecosystem. The agency worthy of plaudits is a unit within the Civil Rights Division of the Department of Justice known as the Office of Special Counsel for Immigration-Related Employment Practices (OSC). Under Immigration and Nationality Act (INA) � 274B(c) [8 U.S. Code � 1324b(c)], the OSC is charged, among...
More... (http://blogs.ilw.com/angelopaparelli/2010/07/every-once-in-a-while-a-government-agency-in-the-immigration-space-does-the-right-thing-if-im-to-maintain-credibility-and-ob.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/07/every-once-in-a-while-a-government-agency-in-the-immigration-space-does-the-right-thing-if-im-to-maintain-credibility-and-ob.html)
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go_guy123
05-26 02:03 PM
Hi Guys:
My wife received the H1 approval notice today. Her employer notified her today morning. Good luck to all those who are waiting for the approval.
Thanks
RRR
Congratulations, first hurdle is over. Visa stamping is the next hurdle.
My wife received the H1 approval notice today. Her employer notified her today morning. Good luck to all those who are waiting for the approval.
Thanks
RRR
Congratulations, first hurdle is over. Visa stamping is the next hurdle.
more...
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desiap
01-14 10:19 PM
Hi,
I've been working full-time on EAD for the last 2+ years. I have a pending 485 application, on which my spouse is the primary applicant. I have never applied for H1B in the past, because I transferred directly from F1 (student visa) to this EAD.
My spouse also has an H1B, which is in it's 7th year (completed 6 yrs of H1B).
My spouse has been put on furlough (unpaid leave) for 3 months.
What are our options ?
1. Can my employer file H1B for me, and an H4 for my spouse ? How will this affect our green card application (on which my spouse is primary applicant) ?
2. How much time does my spouse have to look for another job (with similar job description), without being out of status ? Is there some grace period associated with H1?
Thanks
I've been working full-time on EAD for the last 2+ years. I have a pending 485 application, on which my spouse is the primary applicant. I have never applied for H1B in the past, because I transferred directly from F1 (student visa) to this EAD.
My spouse also has an H1B, which is in it's 7th year (completed 6 yrs of H1B).
My spouse has been put on furlough (unpaid leave) for 3 months.
What are our options ?
1. Can my employer file H1B for me, and an H4 for my spouse ? How will this affect our green card application (on which my spouse is primary applicant) ?
2. How much time does my spouse have to look for another job (with similar job description), without being out of status ? Is there some grace period associated with H1?
Thanks
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actaccord
01-17 12:43 PM
comes up in next two years (or till unemployment goes down) will not be +ve for immigration community. Now immigration topic is of political score point not like before where there is reasonable debate was happening.
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rockstart
04-29 10:02 PM
I think your attorney can file an ammendment.
Blog Feeds
12-10 05:20 PM
Eleven people arrested in a scheme that raked in an estimated $50,000,000. Here are details from the LA Times: Authorities arrested 11 people Monday in an alleged U.S. work-visa scam that raked in more than $50 million from thousands of Brazilians since 2002. Some of those scammed went to the U.S. and wound up as illegal aliens because promised jobs didn't exist. Brazilians seeking temporary working visas were charged up to $15,000 each in what a statement from the U.S. Consulate called one of the largest cases of U.S. visa fraud ever. Similar schemes were uncovered in Russia, the Dominican...
More... (http://blogs.ilw.com/gregsiskind/2009/12/scamwatch-visa-fraud-sceme-broken-up-in-brazil.html)
More... (http://blogs.ilw.com/gregsiskind/2009/12/scamwatch-visa-fraud-sceme-broken-up-in-brazil.html)
AllIzzWell
03-09 06:09 PM
Hello Attorney,
I have 6 months left on my H1B-I797 to expire. My visa on the passport got expired in 2007. I am planning to go to Tijuana, Mexico for stamping. I work for a financial company for past 4 years. I have approved I140.
Can you please advise if i can get the visa stamped? I have to visit India in May and hence cannot wait until the my H1B extension is filed and approved (based on my approved I140).
I am confused and worried that the consular officer may say that you have less than 6 months of validity on I797 and may deny the visa.
Can any one please advise?
Thanks
I have 6 months left on my H1B-I797 to expire. My visa on the passport got expired in 2007. I am planning to go to Tijuana, Mexico for stamping. I work for a financial company for past 4 years. I have approved I140.
Can you please advise if i can get the visa stamped? I have to visit India in May and hence cannot wait until the my H1B extension is filed and approved (based on my approved I140).
I am confused and worried that the consular officer may say that you have less than 6 months of validity on I797 and may deny the visa.
Can any one please advise?
Thanks
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