sertasheep
04-03 06:08 PM
ANSWER:
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
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rama0083
10-08 04:21 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Is there a time-frame after which one can contact the USCIS office for advance parole (like the 90 day time-period for the EAD card)?
mundakamal
06-13 08:22 PM
gurus please advise........
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mailtobalu
06-30 04:56 PM
Can I go for this change of status any time or do I need to wait for new H1B cap which will open in April every year?
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meridiani.planum
05-13 04:52 PM
^^bump^^
smuggymba
09-12 09:44 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
It would be illegal.
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
It would be illegal.
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johnykah1
01-18 07:18 PM
My case is like this....
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
2010 Angelina Jolie and Brad Pitt
superdude
08-02 01:13 PM
Did anyone get I485 based EAD before the first FP? Thank you!
did you get one? FP is necessary to the EAD
did you get one? FP is necessary to the EAD
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h1bjava
03-14 12:26 PM
Gurus Please take a moment to answer my previous question. Thank you.
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123456mg
08-16 08:06 PM
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
This is another classical case of attorney screw up. If only your attorney had filed 6 days earlier, you could have filed for your I-140 and I-485 concurrently.
more...
natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
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speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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jungalee43
11-17 10:31 PM
Great Job. I left NC just a year ago. Wish I was there with you to be a part of this. But anyway I am active in my new state IV chapter.
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zCool
04-02 02:47 PM
Either that or get another AP.
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coolpal
03-27 05:20 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
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pkash
01-26 12:41 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
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vinzak
11-10 03:47 PM
Sorry, couldn't help but ham some more....
yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)
yeh case hindustan(aur china) ke kamzor aur sataaye logon ka hai...aaj unke nazarein aap par hai.. aap par, ke aap unko kya dete hain...GC yaa TAREEKH? :)
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ameryki
02-19 10:36 PM
I am planning to get my H1 stamped during my next trip to India and have a couple of questions
1) Have anyone used Yourmaninindia or Sahara Care or any other service to deposit H1 forms at VFS Mumbai. For Mumbai consulate, the forms need to be submitted 3 days prior to Visa Interview and they do not accept courier :mad:
2) I recently found that if you have an appointment at one of the consulates in Mexico, you can Fax the 797 and get PMIS verified in advance.
Do we need to submit the entire H1 fee for appointment ? If there is a cheaper way, I am thinking of taking an appointment , get PMIS verified and cancel the appointment.
3) Any idea if they do a PMIS verification for H1 extensions (same company) as well ?
I am hoping this helps. My H1 renewal 7th year came through in December effective January 10 2010. I was at the Mumbai consulate interviewing for H1 visa on January 21st and received my passport in hand in 3 business days.
1) Have anyone used Yourmaninindia or Sahara Care or any other service to deposit H1 forms at VFS Mumbai. For Mumbai consulate, the forms need to be submitted 3 days prior to Visa Interview and they do not accept courier :mad:
2) I recently found that if you have an appointment at one of the consulates in Mexico, you can Fax the 797 and get PMIS verified in advance.
Do we need to submit the entire H1 fee for appointment ? If there is a cheaper way, I am thinking of taking an appointment , get PMIS verified and cancel the appointment.
3) Any idea if they do a PMIS verification for H1 extensions (same company) as well ?
I am hoping this helps. My H1 renewal 7th year came through in December effective January 10 2010. I was at the Mumbai consulate interviewing for H1 visa on January 21st and received my passport in hand in 3 business days.
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probe
09-04 02:19 PM
Thanks for your response
Counterproductive
10-31 09:23 AM
I don't know anything about that
Prashanthi
08-19 12:55 PM
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
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