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  • mpadapa
    10-09 01:32 PM
    IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.

    If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.




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  • GCVivek
    04-28 06:08 PM
    This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
    Moral: those that returned home were not entrepreneurs!




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  • krupa
    04-08 04:39 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa




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  • chanduv23
    03-03 12:12 PM
    Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
    Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
    Thanks.

    I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.



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  • ck_b2001
    07-17 07:37 PM
    Hi All,

    I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.

    My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?

    I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?

    Please advise.
    Thanks,
    Nachi

    You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.




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  • ashkam
    04-04 02:05 PM
    I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.

    Is there any risk involved here and if so, please let me know

    Thanks in Advance

    Why do you have to wait for your wife to be on F1 before changing to EAD? Even if you use your EAD now, she will still be in valid AOS status.



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  • nonimmi
    06-11 04:39 PM
    Please keep all bilateral discussion between yourself. Most discussions are soon being targeted to personal criticism or attack. Please respect others views (which are following IV line of course) and be polite.




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  • aksaharan
    10-14 06:02 PM
    I believe this has been going on for last year or so, with no outcome yet..

    Unified Agenda and Regulatory Plan Search Results (http://www.reginfo.gov/public/servlet/ForwardServlet?SearchTarget=Agenda&textfield=1615-AB82)

    Lets hope they do it this time.



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  • keerthi
    07-14 08:32 AM
    Hello Ruben,

    I have forwarded my employer's email to you. Also, I have sent it through this forum's private messaging. Please check and let me know.

    Thanks.




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  • neoklaus
    11-14 03:33 PM
    Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?

    It is probably just this IO who has a different intepretation of the rules.

    I came to US in June,07, my husband & daughter -Aug.14,07...probably just interpretation matters



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  • smartboy75
    09-27 02:39 AM
    well said....it is surprising how US can afford to turn a blind eye to the mounting problems faced by legal immigrants....




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  • msingh
    06-12 09:06 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).



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  • gauravster
    12-03 09:25 AM
    One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.

    You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.




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  • gauravster
    01-20 11:27 AM
    As far as my understanding goes, EB1/2/3 is fairly recent, 15-20 year pehnomemon. As such getting examples of people who have been extremely successful post getting the visa is going to be difficult. Even for Harvard reunions, usually it is only at the 25th reunion (among a few thousand people) that you have some very successful people, in a 10-15 year span, getting extremely successful(to have your name in newspapers every other day) is like a 1 in 100,000 chance. Even with EB1s.



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  • coolvigo
    07-15 04:56 PM
    Check this thread:
    http://immigrationvoice.org/forum/showthread.php?t=20100

    Also check this link where couple ppl spoke with their lawyers and they said we can apply for I-485 by attaching photocopy of old I-140 since we have and are applying for PD port.

    http://www..com/discussion-forums/i485-1/114468227/

    PS - I am also in same boat. I have not been able to talk to my lawyer yet since he is busy :rolleyes:




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  • gc_on_demand
    06-16 09:33 AM
    Please call lawmakers. We have full commitee hearing on 23rd and then soon we will on floor for voting. If we wont call then it may not make it to floor. For details go to home page.



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  • alg
    12-11 01:47 PM
    The first time, my husband and I were asked all kinds of questions by the secondary CIS officer at LAX, and was asked NOT to do our own copies of the original AP, that we are not supposed to do copies of official documents. He kept and use our copies anyway. The stamp in the AP extended it for a year after this entry.

    Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.




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  • mantagon
    07-24 12:32 PM
    Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.

    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.




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  • lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.




    scorpion
    02-26 05:30 PM
    Consult your Lawyer




    admin
    04-06 11:22 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!


    Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.



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