madan
01-09 07:40 PM
Can some body help with the below Questions?
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?
Please reply
thanks
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GCHope2011
09-12 11:01 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
jsb
10-30 02:33 PM
I was in the same situation until a few days ago. Those who are still waiting for this unreasonable period of time, may want to signup for Ombudsman's conference call on:
“USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT
by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov
I attended last call, which was very helpful.
“USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT
by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov
I attended last call, which was very helpful.
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bah9422
08-12 04:31 PM
tom and everyone,
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.
more...
vishwak
03-09 12:41 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
perujames
01-12 10:32 PM
I browsed the site gtrr.net you mentioned. I applied and also tried to contact the numbers few times but not getting any response.
I am currently in US on H4. I am qualified teacher and also worked in India. Regarding my qualifications I completed B.Ed and MSc from India. I am looking for applying for H1 this year. I really appreciate if you can give some details regarding any companies that can file for H1B for teachers.
I am currently in US on H4. I am qualified teacher and also worked in India. Regarding my qualifications I completed B.Ed and MSc from India. I am looking for applying for H1 this year. I really appreciate if you can give some details regarding any companies that can file for H1B for teachers.
more...
Munna Bhai
01-18 12:38 PM
Last time there was a recession (2001/2002), INS denied a lot of employment based immigrant petitions because they asked companies why they could not hire American programmers who were laid off. This happened people I personally know from reputed companies such as Sun Microsystems. I don't mean to sound negative, but do you think this will happen again? After being in the queue for so many years, the possibility is real.
They can't deny anyone who has filed I-485 because you have already crossed labor + I-140. Yes, they will ask for latest financial report for ability of pay etc. I do know that lot of company stopped processing of GC during that time.
Why the hell they don't stop H1bs rather than targetting people who already filed GC.
They can't deny anyone who has filed I-485 because you have already crossed labor + I-140. Yes, they will ask for latest financial report for ability of pay etc. I do know that lot of company stopped processing of GC during that time.
Why the hell they don't stop H1bs rather than targetting people who already filed GC.
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casinoroyale
10-02 10:11 AM
Understood.
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
more...
pd_recapturing
10-15 12:00 PM
I think you need to show visa proof when you go to most of the DMVs.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
Well, if your friend was able to get it renewed online, that mean, he must have got his first DL in PA long time ago and at that time, there was no flag that talked about immigration status like I-94. But at the later stage, DMV started attaching a restriction with H1B and other visa hoders to check the I-94 H1B status etc ...those ppl r still enjoying same setup and ppl like us are going through this whole excercise.
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glus
01-20 05:04 PM
Does that mean we are no more after the goal of I-485 provision (attached to appropriation bills in Feb) due to lack of contributions? There has been several posts even in other forums saying that IV has dropped this goal, and I tried quite a few times now to get some form of confirmation/denial from any of the core members, but without any luck yet. Also logiclife's announcement was removed from the home page!!
It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.
G
It does mean that me need more funds. IV has not announced it has dropped the I485 idea. Now a lot depends on us, the members.
G
more...
akela_topchi
01-15 06:13 PM
Friends,
Looks like Obama and his administration is serious about fixing things.
There are several polls on various immigration related issues at change.gov.
Some are "pro" and many are "anti".
Lets cast our vote, write messages, make yourself heard.
Lets convey what we're going through, and we want relief.
We are in it to win it.
Here are some immigration/Green card/Visa related polls. Lets vote!
____________________
Green Card related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=Green+Card&search=Search)
Immigration related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?str=immigration&search.x=0&search.y=0&search=Submit)
Visa related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=visa&search=Search)
____________________
Some pro-immigration polls
- Please help the Immigration System (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV&srPos=0&srKp=087)
Some Anti-H1B polls
- Reduce the H1-B cap for 2009 (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004nli&srPos=0&srKp=087)
- Replace India's Talent with US Talent (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004spJ&srPos=1&srKp=087)
- Reduce H1 Visas: Jobs for Americans (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004p5a&srPos=3&srKp=087)
- H1B Fraud & Legal Immigration Issues (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wtD&srPos=12&srKp=087)
Looks like Obama and his administration is serious about fixing things.
There are several polls on various immigration related issues at change.gov.
Some are "pro" and many are "anti".
Lets cast our vote, write messages, make yourself heard.
Lets convey what we're going through, and we want relief.
We are in it to win it.
Here are some immigration/Green card/Visa related polls. Lets vote!
____________________
Green Card related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=Green+Card&search=Search)
Immigration related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?str=immigration&search.x=0&search.y=0&search=Submit)
Visa related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=visa&search=Search)
____________________
Some pro-immigration polls
- Please help the Immigration System (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV&srPos=0&srKp=087)
Some Anti-H1B polls
- Reduce the H1-B cap for 2009 (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004nli&srPos=0&srKp=087)
- Replace India's Talent with US Talent (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004spJ&srPos=1&srKp=087)
- Reduce H1 Visas: Jobs for Americans (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004p5a&srPos=3&srKp=087)
- H1B Fraud & Legal Immigration Issues (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wtD&srPos=12&srKp=087)
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solaris27
08-06 06:22 PM
congrats
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ashkam
08-03 07:49 AM
What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.
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485_se_dukhi
09-22 10:51 AM
Very good article!!
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
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samcam
05-19 11:28 AM
Senate discussing High skilled immigration... log on to the live commentary thread to know more...
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ca_immigrant
07-31 08:31 PM
�Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
What would be the expanded case status? like giving details what exactly is going on with case?
by expanded case status they mean that the case will have an expected date.
for eg, I am thking ofr my case they will say "GC expected in the next 10 to 11 years"
so see that is more information :rolleyes:
What would be the expanded case status? like giving details what exactly is going on with case?
by expanded case status they mean that the case will have an expected date.
for eg, I am thking ofr my case they will say "GC expected in the next 10 to 11 years"
so see that is more information :rolleyes:
more...
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LostInGCProcess
09-02 10:57 AM
There is place in the I-9 , Alien Authorized to work unitll, you need to provide the H1 information instead of the EAD information. Also instead of Alien#, you need to provide Admissible # which is on I-94 of new H1B. When some one submit I-9 form you need to show the Passport and you H1B copy. That way you are sure that you are using H1B.
You are absolutely correct. But say, I have EAD, want to use it from next month, October. How do you do, even though your H1 is valid till, say, july 2011? That's the question.
Do you inform USCIS? What factor changes the status from H1 to EAD on your, say, new job cause i want to work on EAD rather then H1?
You are absolutely correct. But say, I have EAD, want to use it from next month, October. How do you do, even though your H1 is valid till, say, july 2011? That's the question.
Do you inform USCIS? What factor changes the status from H1 to EAD on your, say, new job cause i want to work on EAD rather then H1?
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transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
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axp817
07-22 08:05 AM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
jyothu
07-18 04:19 AM
The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
kshitijnt
07-27 02:46 PM
Hi,
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
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