Suva
06-08 10:22 PM
I support it.
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mrdelhiite
08-07 09:01 AM
I'm afraid I can't help you with your application but Congrats! on getting married, i.e... :-)
Thank you Sir :-)
Also anyone, any replies for my questions please?
Thanks
-M
Thank you Sir :-)
Also anyone, any replies for my questions please?
Thanks
-M
roseball
02-20 04:14 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
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sbvw76
04-21 03:13 PM
depends on whether you are on L1B or L1A. On L1A - i have seen many GCs getting approved (from 140 filing to GC in hand) in 6 months or less.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
of course - your lawyer and/or employer needs to ascertain whether your role here and also in the country where you were employed by same employer qualifies you for EB1C filing or not.......
Of course, this is not legal advice but only anecdotal experience
If you are in L1A, your company can file in EB1 which is current for all countries. If you are in L1B, then go for H1B. Because Only H1B can be extended beyond 6 years.
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aviv
10-01 11:46 AM
Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).
Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc
Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?
Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc
Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?
desi3933
01-31 06:39 PM
hi beuhler....if i understand your reply correctly, you meant that as long as there is proof that your marraige date(marraige certificate) is prior to gc approval notice...there is 6 months to file for the i485 for the wife even though she may be in india at the time of marraige?
There is no 6 months requirement. PERIOD.
As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).
____________________
Not a legal advice.
US Citizen of Indian Origin
There is no 6 months requirement. PERIOD.
As long as dependent relationship existed at the time of I-485 approval, she can either file I-485 (if in USA) or can file in home country for immigrant visa (follow to join).
____________________
Not a legal advice.
US Citizen of Indian Origin
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Jaime
06-10 05:17 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
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desi3933
05-15 04:17 PM
I believe that in the original post, Keerthi indicated that he was in India.
I apologize for the confusion.
I understood that you have replied for mchhokar's question.
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
Please accept my apologizes and thanks for the clarification.
I apologize for the confusion.
I understood that you have replied for mchhokar's question.
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
Please accept my apologizes and thanks for the clarification.
more...
rainbow0929
08-08 05:08 AM
If you have worked for 40 quarters, you will be eligible for Soc Security irrespective of where you live. There are american citizens settled in the Carrebean Islands who get their social security checks there. However, the big question is "What if the social security runs of out of money when your time comes", Soc Security Admin will start having negative cash flows starting from 2008 beacuse of the baby boomers retiring in great nunbers and fewer younger people joining the work force in comparison. Or there might be the case that the payouts get reduced from the maximun of $ 1800 presently to a token payment of just $ 300..!
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
401 K money is yours and you can do what ever you like. You could with draw it in 3-4 installments over as many years, thus reducing the taxable income for the year- provided you can earn higher ROI on that money by investing in stock market of the country you plan to return to as compared to being vested in the US stock market. You may also keep in mind that currency exchange and strengthening/devalaution of the dollar against your home currency will also have an affect on ROI based on when you with draw. That affect is almost impossible to predict for any one.
Many people leave the money here in USA, so that they could use it for their kids when the kids return to USA for their higher education. What you want to do with 401K is entirely your call..
I know one needs atleast 40 credits to claim for SS. A Full time employee generally gets maximum of 4 credits per year. If that's correct, one needs to work as a full time in U.S. for atleast 10 years to claim SS. Am I right?
From where can I find out how many SS Credits I have collected so far?
Is there a government website link?
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Prashant
05-28 06:26 PM
Hello,
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment
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gxr
10-02 09:44 AM
Mine is EB3 with a RD of Oct 6.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
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SU1979
10-09 12:37 PM
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
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RollingStone12
04-23 06:05 PM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
Welcome TX Chappter...
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
Welcome TX Chappter...
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Jeff Wheeler
11-26 09:00 PM
Honestly, what does it even matter if it is MS biased? He works at MS, and has every right to focus on that content. :P
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basav
08-04 02:30 PM
Awaiting for the response from experts, kindly help.
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ash0210
06-28 04:10 PM
India's independence day Aug-15-1945...
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
Thats "New" to ALL of us....
kumjay, really Mera Bharat Mahan!!!
USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.
more...
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dealsnet
11-09 10:13 AM
You can check all LUD and all statistics by google. Add your case after log into google. see the link for details
http://imminav.com/gadgets.php
http://imminav.com/gadgets.php
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shreekhand
07-29 10:55 AM
Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!
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raghureddy
03-18 07:45 PM
it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck
smartboy75
05-01 01:11 PM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Hey Vikramaditya
Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.
But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.
Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.
All the best.
h1techSlave
07-13 07:57 PM
Thanks every body for explaining these things.
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
And now, what can I do to get out of the "unknown quantity" with a grey square?
Cheers,
h1techSlave
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