Ann Ruben
07-05 09:02 PM
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
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chanduv23
12-16 12:16 PM
DMV people just look at the expiry date.
As pending 485 do not have expiry date they won't accept it as status.
What would you think would be a solution for this?
As pending 485 do not have expiry date they won't accept it as status.
What would you think would be a solution for this?
johnggberg
08-10 12:55 PM
close this thread please
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abhishek101
05-20 09:18 AM
Greetings,
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
In brief, I have applied for I-485 when I was single and now priority dates are current. I need to add my spouse. Do I need to apply for I-485 for myself again? Below are the timelines.
Thanks in advance.
In August 2006.
1. Employer A
2. I was Single.
3. Files I-140 and I-485 concurrently.
4. Schedule A expired.
5. Application moved to Eb3.
In June 2007
1.Employer B (Moved in June 2007 via H1b transfer).
Married in 2008.
April 2010.
1. Employer B.
2. New I-140 filed in EB2, approved.
3. Ported EB3 PD of Aug 2006.
May 2011.
1. PD will be current in June 2011.
2. I need apply I-485 for my spouse.
Do I need to re-apply for I-485 and G-235a for the principal applicant.
I just finished doing that (in March) my lawyer only filed 485 for my spouse, once the documents for her were received by USCIS, we sent a interfiling letter to use I140 from Eb2 for my 485.
I got approved in 3 days after they received their letter and my wife got her GC in 2 months.
Good Luck
more...
BadDeal
05-22 03:35 PM
It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)
I have started the following thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710
Either we can follow the current one or the one I started (link above) or we can start a new thread altogether
I am fine with any of the above.
We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.
Thanks!
I have started the following thread
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710
Either we can follow the current one or the one I started (link above) or we can start a new thread altogether
I am fine with any of the above.
We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.
Thanks!
akhilmahajan
04-23 09:00 AM
I have the approval from DOL which my company sent with me, and also the Receipt of I140 which they got after my I140 was filed.
I was just curious, where it can be found, under which category my GC is being processed.
As you said the DOL web site, can you tell me what the url will be, and where to look at.
I will really appreciate that.
Thanks.
I was just curious, where it can be found, under which category my GC is being processed.
As you said the DOL web site, can you tell me what the url will be, and where to look at.
I will really appreciate that.
Thanks.
more...
desi3933
02-11 07:59 PM
I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...
...
Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
__________________
Not a legal advice.
...
Did you tell your attorney that you have got new I-94 with H1-B written on it. I-94 indicates new status. There are no 2 ways about it.
__________________
Not a legal advice.
2010 2006 Ferrari 612 Scaglietti F1 - Picture Link 06HTH260232273A
whiteStallion
06-16 06:48 PM
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?
Once your I-140 is approved, then you lock the PD from that moment itself.
I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?
more...
tkasi
07-27 12:04 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
hair 2007 Ferrari 612 Scaglietti F1
sc3
08-09 02:42 PM
Only 45 votes so far. EB3-I people dont have 5 seconds to vote even, how can we expect any help from Govt.
Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.
Come on give EB3ers a break. 2 things. it is weekend, and secondly a lot will not be excessively active because there is nothing in the horizon for us to look forward to.
more...
natrajs
08-30 05:00 PM
Congrats and Best Wishes
Thanks for your support to IV
Thanks for your support to IV
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Maverick1
10-22 01:51 PM
That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
I think it is always better to come clean and withdraw one of the applications. It is not a good idea to let them REJECT one. They may have two different A numbers, but both are with same name and if you don't attend finger printing that might cause a bad remark (Who knows what happens behind the scenes :( ). Consult a good immigration attorney and follow his/her advise.
I think it is always better to come clean and withdraw one of the applications. It is not a good idea to let them REJECT one. They may have two different A numbers, but both are with same name and if you don't attend finger printing that might cause a bad remark (Who knows what happens behind the scenes :( ). Consult a good immigration attorney and follow his/her advise.
more...
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bigboy007
07-18 01:14 AM
They might return urs , simple.
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iam_amit
02-20 05:47 PM
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
more...
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locomotive36
11-15 10:31 AM
Posmd,
Firstly, if you notice, this topic has been posted under 'Interesting Topics' category where everthing from Vonage to cinema are discussed. IV has such a category to discuss topics like this, which may not have any direct relation to immigration.
Secondly, the time it would have taken to post your meaningless rant, you could have cast atleast 3 votes for the CNN Hero of your choice and not necessarily Narayanan Krishnan.
Thirdly, I support Narayanan Krishnanan over the others because - To cook, feed and take care of homeless, mentally ill and abdoned people every day, rain or shine, in addition to sacrificing your own aspirations and material pursuits, is a noble deed. When selfless supreme beings like Narayanan Krishnan do things are they are doing every day, my heart goes out to him.
Again, you are free to vote for whomever you like or refrain from voting altogether. Its your choice. Iam spreading the word about the good deeds by a noble person.
My 2 cents.
Firstly, if you notice, this topic has been posted under 'Interesting Topics' category where everthing from Vonage to cinema are discussed. IV has such a category to discuss topics like this, which may not have any direct relation to immigration.
Secondly, the time it would have taken to post your meaningless rant, you could have cast atleast 3 votes for the CNN Hero of your choice and not necessarily Narayanan Krishnan.
Thirdly, I support Narayanan Krishnanan over the others because - To cook, feed and take care of homeless, mentally ill and abdoned people every day, rain or shine, in addition to sacrificing your own aspirations and material pursuits, is a noble deed. When selfless supreme beings like Narayanan Krishnan do things are they are doing every day, my heart goes out to him.
Again, you are free to vote for whomever you like or refrain from voting altogether. Its your choice. Iam spreading the word about the good deeds by a noble person.
My 2 cents.
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Prashanthi
09-08 03:36 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
I would still file, as long as everything has been done properly, so that in case of an audit a proper response can be given. IT jobs usually have special requirements for the job, they require a combination of hardware and software skills for the job. The employer might receive several resumes, the question is if any of them qualify for the job. If you recieve qualified resumes you obviously cannot proceed. I have noticed even in this market that it is still difficult to find candidates who have a certain combination of skill sets, especially if several years of experience is required in the use of these skills. If this is a non-IT job then obviously the job has to be evaluated and the resumes have to be evaluated to see if their are any special requirements and if the applicants qualify.
more...
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Stan09
07-17 11:35 AM
Anyhow, this is not the point. The point is - except but official fees employer MAY request reimbursement for H1B. My employer charges me with $4000 for h1B expenses (and those 1500 are not included into this amount). And I have not seen bodyshoppers stupid enough to include this provision into contract _without_ making special references as to which court and under which state law will be used to resolve possible conflicts. Bodyshoppers are very smart in everything that concerns money.
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smuggymba
10-18 03:13 PM
My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.
any exp with texas DMV about giving DL to EAD OPT holders?
any exp with texas DMV about giving DL to EAD OPT holders?
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cygent
09-15 03:05 PM
EB3 I-140 is still March 30th, 2007, a whole year behind EB2. EB2 jumped from July 2007 to March 13th, 2008 UNBELIEVABLE :confused: Seems like they just want us to blow our brains out, or whatever little is left of it anyway... This is just so sick.
pak
07-12 02:46 PM
I have seen many times Mr. Frank Pallone raising money from Indian community in NJ.
http://www.house.gov/pallone/
Other Caucuses on Which Congressman Pallone Serves
Caucus on India and Indian Americans, Founder, former Co-chair
Coalition for Autism Research and Education
Congressional Arts Caucus
Congressional Asian Pacific American Caucus
Congressional Brain Injury Task Force
Congressional Caucus for Women's Issues
http://www.house.gov/pallone/
Other Caucuses on Which Congressman Pallone Serves
Caucus on India and Indian Americans, Founder, former Co-chair
Coalition for Autism Research and Education
Congressional Arts Caucus
Congressional Asian Pacific American Caucus
Congressional Brain Injury Task Force
Congressional Caucus for Women's Issues
waitin_toolong
04-13 01:30 PM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
When you open an account with Vanguard ( my favorite for IRA) they actually have guides etc to help you out, to really make things smooth do not make out checks in your name, open the IRA account and choose to roll over existing 401(k) ( it will guide you through a process) also you will receive some paperwork from current 401(k) managemnet about your options and paperwork.
In most companies even though you will become eligible for match only after a waiting period you can still roll-over and make contributions. Check if you are confusing the two aspects.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
When you open an account with Vanguard ( my favorite for IRA) they actually have guides etc to help you out, to really make things smooth do not make out checks in your name, open the IRA account and choose to roll over existing 401(k) ( it will guide you through a process) also you will receive some paperwork from current 401(k) managemnet about your options and paperwork.
In most companies even though you will become eligible for match only after a waiting period you can still roll-over and make contributions. Check if you are confusing the two aspects.
