gcwait2007
10-14 10:27 AM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
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meridiani.planum
05-13 04:52 PM
^^bump^^
belmontboy
05-06 07:37 PM
it was due to glitch.
quickly recouped losses.
quickly recouped losses.
2011 Brown quot;Target Practicequot;
amitk81
09-05 06:34 AM
I never paid, cancelled my appointment before paying.
Was going to pay them just 2-3 days before the actual appointment.
Got it stamped in Mumbai, absolutely no hassel.
Was going to pay them just 2-3 days before the actual appointment.
Got it stamped in Mumbai, absolutely no hassel.
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~Kipper~
04-17 06:11 PM
and what stamp costs $0.00?
whos to say it has to cost something - its the kirupa way
+ i prefer nice n simple. its less complcated :)
each to their own i guess but thanks for your input
whos to say it has to cost something - its the kirupa way
+ i prefer nice n simple. its less complcated :)
each to their own i guess but thanks for your input
waiting4gc
09-11 07:56 PM
Murali,
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
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Appu
05-25 11:21 AM
Depends on where you are going and the route you are taking. You have to clarify transit visa issues. Many airlines will require a transit visa if you don't have the green card.
2010 Vermont AR-15 target practice
nomi
04-19 11:08 AM
I will request to sysadmin or IV to start some Poll covering all dates according to Visa Bulletin for EB2 and EB3 for world, India and china. This poll will help everyone to see how many people are in waiting in lines and what can be expected upcoming months ....this poll will not be pin point but will give info little close to reality... Just a thought.
more...
baburob2
09-08 07:38 PM
that shouldn't be any issue. She would be admitted at POE. However if she has filed for H4 extension and if the H4 extension is pending when she enters into US, the H4 extension will be considered abandonded and will be asked to go to consulate for stamping before her I-94 expires and can't use the approved H4 extension's I-94. check with yuour attorney on it.
hair need the target practice.
ravi98
06-25 11:24 AM
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
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inskrish
07-19 07:07 PM
Your solution seems risky. USCIS may either issue an RFE later ,or straight away reject your application due to lack of evidence, so it is better negotiate with your old employer and get the document. If you get an RFE, you can submit the response even if the dates are not current. But, if your application gets rejected, you can reapply only when your PD is current, and that will make you to wait for years.
Regards,
IK
Regards,
IK
hot and target practice.
Desertfox
02-26 01:24 PM
I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)
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BharatPremi
03-27 03:17 PM
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
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loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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pictures Zion I - Target Practice (Feat
number30
04-09 04:15 PM
Hello guys,
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Wait until she gets certificate of citizenship. You can send it next day. Waiting one or two days does not make any difference.
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Wait until she gets certificate of citizenship. You can send it next day. Waiting one or two days does not make any difference.
dresses 2005 movie quot;The Chronicles
gcdreamer05
11-03 02:11 PM
Does anyone know how receptive the ASC in Boston is to FP walk-ins? Also, is there ANY way of calling ahead of time and finding out if they accept walk-ins?
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
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makeup Target Practice,
ksure
01-25 04:47 PM
i was on h4 , then i applied for new h1 and new ead( through from primary person ) at a time.
i got h1 and ead approvals. i cancelled my h1 because i got ead approval though primary person.
so right now primary person and me both are used our eads. i am doing job using ead .
what my question is if i dont want to continue my work for some months but want to stay on ead , is anything wrong. is there any out of status question . because i am not primary person , as a dependent of primary person through primary person i got ead .
so for dependant person who is having ead can do job any time and if needs can stop doing job as long as i dont want right . there is no wrong right ?
please tell me attorneys or well known persons.
i got h1 and ead approvals. i cancelled my h1 because i got ead approval though primary person.
so right now primary person and me both are used our eads. i am doing job using ead .
what my question is if i dont want to continue my work for some months but want to stay on ead , is anything wrong. is there any out of status question . because i am not primary person , as a dependent of primary person through primary person i got ead .
so for dependant person who is having ead can do job any time and if needs can stop doing job as long as i dont want right . there is no wrong right ?
please tell me attorneys or well known persons.
girlfriend Target practice/weapon check
rodnyb
02-03 03:41 PM
Visa bulletin and their number control operational manual
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)
485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf
NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf
Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I am missing a 2009 EB number used by country, I saw it some where but couldn't find it
Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html)
DHS year book
DHS | Yearbook of Immigration Statistics (http://www.dhs.gov/files/statistics/publications/yearbook.shtm)
485 pending number
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/i-485-pending-inventory.pdf
NVC demand
http://www.travel.state.gov/pdf/WaitingListItem.pdf
Precessing volume and trend
USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=7&office=5&charttype=1)
Monthly cutoff memo
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
I am missing a 2009 EB number used by country, I saw it some where but couldn't find it
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samk32@gmail.com
06-13 06:39 PM
SBMallik thanks for the reply, as per your link it says,
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
SandeR2
04-02 05:58 AM
whowho! one more day and we will see the finalists :D
I'm excited :D
I'm excited :D
immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
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