Pineapple
08-05 12:37 AM
An I-140 has nothing to do with I-485, except to the extent that an I-140 has to be approved before an I-485 can be approved. So I-140 approval is must before an I-485 can be approved. Further, an I-140 is not related to the priority date - An I-140 can be filed any time once one has an approved labor (Assuming, of course, one is applying in EB2/EB3). But I-485 can only be picked up for processing (or even filed) if the priority date is current.
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
If your I-485 date is not current, it does not matter what you do about your I-140. The question about affecting I-485 is irrelevant if your priority date is not current, which is the situation now.
(USCIS is accepting I-485 applications now until August 17th even though the priority date - the visa availability, in short, is "U", unavailable - but that is a rate exception, and does not affect the actual processing of I-485s: 485's applied today will NOT be processed even if accepted, until the visa bulletin says visa numbers are available for your priority date)
Confusing? I'm afraid it is.. but anyway, the short answer to your question is, no. The people your refer to likely have applied I 485's earlier (say in June or earlier), and their fast approval is likely for different reasons, other than premium processing for I140.
PS: I'm not a lawyer, so don't shoot me, please..
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GCneeded
11-08 12:24 PM
Hello Everyone,
Thank you everyone for the responses.
RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.
I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.
Thank you everyone for the responses.
RBharol, My parents did not overstay last time. Even though they have 10 yr multiple entry and 6-month validity on I-94, they stayed only for 3 months. My concern was that my brother who had sponsored their visa is not living in USA anymore and was questioning the validity of their visa.
I had posted this question on other forums and the general consensus has been that my parent�s visa is still valid and should not be a problem. I am trying to talk to a lawyer and will post the response I get.
nayekal
02-17 11:29 AM
Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.
Good Luck.
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.
Good Luck.
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ksrk
08-15 02:13 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
1) If H1 approval comes through after you arrive in the US AND the attached I-94 is dated after your date of entry, then that I-94 becomes effective and you will be on H1B status in the US.
2) Else, the I-94 you receive when you enter the US becomes effective and you will be a parolee.
-K
DISCLAIMER - Not legal advice. Based on personal anecodes, opinions and preferences.
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gc_kaavaali
11-14 10:24 AM
hey fearonlygod,
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
nandakumar
03-17 01:58 AM
It is a great achievement. Congrats to the core team and all the volunteers who contributed. There is a Tamil proverb meaning, "little rain droplets make a huge river". Each of our small contribution would definitely give us financial strength to put forth our case with the US congress & Government.
let us keep the spirit.
For the past one week I posted more then 50 fliers in many of the apartment communities in my neighborhood and also sent lot of emails to friends and groups & forums in my company.
I did receive few disappointing comments on our effort but ignored and continuing my effort.
Cheers,
Nandakumar
let us keep the spirit.
For the past one week I posted more then 50 fliers in many of the apartment communities in my neighborhood and also sent lot of emails to friends and groups & forums in my company.
I did receive few disappointing comments on our effort but ignored and continuing my effort.
Cheers,
Nandakumar
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140jibjab
01-11 12:24 PM
You wil need to Update your Biographic information(there is a form # for it) for your I485 application. It is not mandatory. But is adviced to do so. Why are you hesitating to update your I485 to drop your spouse?
US consulate in India will not have the information regarding I485.
Thanks So much for the Answers.
Can you please answer one more Question?
I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?
Thank you again
US consulate in India will not have the information regarding I485.
Thanks So much for the Answers.
Can you please answer one more Question?
I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?
Thank you again
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iwantmygcnow
11-03 04:43 PM
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
Has anyone had any success with Texas Service Center for this kind of request recently?
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royus77
07-01 03:23 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
Can you reveal the userid in the reults .....i would like to see who ever voted to support infact have their profiles updated::rolleyes:
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needhelp!
10-24 10:34 AM
for gary!
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ImmiLosers
10-06 03:42 PM
HE likes RED though..
How can I check mine?:confused:
And what does 3 red dots on my messages mean?
Thanks
How can I check mine?:confused:
And what does 3 red dots on my messages mean?
Thanks
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cinqsit
02-26 02:41 PM
Hi
According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
that you contact the ombudsman. You never know whats going to click in the end.
Best
cinqsit
According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
that you contact the ombudsman. You never know whats going to click in the end.
Best
cinqsit
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house With Black Background And
MatsP
May 12th, 2006, 08:27 AM
Of course Nikon can't help support third party lenses. They have a specification (that isn't available to others) that specify how the interface between the camera and the lens should work - but the can't change that specification (or change what the camera does) in order to support other manufacturers lenses. If they really wanted other manufacturers to make lenses to work on Nikon, they would perhaps publish (or license) the specification. But I don't think Nikon is particularly interested in doing so.
Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.
The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.
--
Mats
Sigma, however, has made it their business to reverse engineer the interface between the camera and the lens, without the access to the specification. They therefore are responsible (even if they plead not so) for any malfunction between the two. However, one of the problems with reverse engineering is that you can only see what's being used at any particular time - the spec may well have some variations that aren't used in a particular setup, but allows for future expansion. This is where Sigma will have a problem when Nikon brings out a new/different camera model.
The firmware for the lens should be possible to upgrade, assuming it's a case of just not understanding some command or such.
--
Mats
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dagu1234
06-08 03:02 AM
did you provide social security number? temporary license can be issued only if you do not provide social security number.
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pt326bc
06-15 05:12 PM
200,000 PERM cases since March 05 when PERM went into effect, means that if we assume around 3000 cases to be adjudicated every year (6000 EB2 and EB3 visa numbers with a factor of 2 for dependents); this will take how many years to get a green card if you have a PD of June 1 2007???????
67 years!!!!!!!
67 years!!!!!!!
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skark
08-31 08:35 AM
I need some references of good consulting companies that have direct vending relationships with big companies. I will be looking out for contracting jobs since my current contract will come to an end soon and dont want to be on bench.
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raju123
05-03 07:29 AM
Please be positive. What is wrong in signing petition? If you are not convince, don't sign. Please don't discourage others.
These online petitions are useless. Do not sign up for them and waste your time. If you really want to do something for the bill then go and meet your senators and congressmen and talk about the bill and other bills that solve your problems.
Obama or for that matter any senator will never come to petionsonline website and see all fake signatures.
These online petitions are useless. Do not sign up for them and waste your time. If you really want to do something for the bill then go and meet your senators and congressmen and talk about the bill and other bills that solve your problems.
Obama or for that matter any senator will never come to petionsonline website and see all fake signatures.
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mrajatish
09-15 01:46 PM
On the other hand, I think something else might happen unless things change quickly.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.
I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.
I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.
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bunan
01-07 02:47 PM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
HumHongeKamiyab
03-16 04:49 PM
Thanks Fittan. I am waiting for an answer from my attorney.
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.
Fittan
wellwisher02
03-29 09:37 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
---
As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.
I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.
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