jasmin45
07-23 06:34 PM
My employer has decided to concurrently file for my I-140 and I-485 in EB2 category. The application will be submitted to USCIS by Aug 1.
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
I guess you should talk to your lawyer as soon as possible to discuss the options. I am sure he will be the right guy to accomodate and advise you in this regard. Each of your options may have different consequences. Safest, I guess is to stay in US until you receive the receipt for your applications. I also assume that you have a valid H1 which can be used to re-enter US. I also do not think because of marriage F1 status will change. Again! consider talking to a good lawyer for advise.
This has turned out to be a nightmare for me. I am on H1B right now and plan to get married to an F1 holder in Jan 2008 in India. I am worried that my to-be wife will not be able to return to the US on F1 after we get married in India. (She is not included in the I-140 and I-485 application right now.)
Has anyone faced this problem? What are my options?
I was able to come up with the following options. Any comments on these?
Should we get married (like today!) and include her in the I-140 and I-485 as a co applicant. Chances are that the lawyers will not be able to process the changes in the application in the given time frame.
Should I abandon the I-140 and I-485 application and continue on H1B.
Should we get married in US and never travel to India while she is on F1. Later she can convert to H1B and then we can travel?
Thanks in advance.
I guess you should talk to your lawyer as soon as possible to discuss the options. I am sure he will be the right guy to accomodate and advise you in this regard. Each of your options may have different consequences. Safest, I guess is to stay in US until you receive the receipt for your applications. I also assume that you have a valid H1 which can be used to re-enter US. I also do not think because of marriage F1 status will change. Again! consider talking to a good lawyer for advise.
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jcrajput
06-18 05:12 PM
All, i got my visa stamped in calgary last week with no problem. Collected the passport the next day. They captured the previous visa date remaining with the new work permit and got the stamping till 2012 july. Filled the new I-94 on return and gave back the old I-94 that time.
- Prasad
We are planning to go to India end of this year. Can we get our passports stamped in CANDA for H1B/H4?
I have PR card from Canada? Is there any risk of not getting it done at US Consulate in CANADA?
Please help.
Thanks.
- Prasad
We are planning to go to India end of this year. Can we get our passports stamped in CANDA for H1B/H4?
I have PR card from Canada? Is there any risk of not getting it done at US Consulate in CANADA?
Please help.
Thanks.
ssa
10-06 02:20 PM
I know it is such a personal decision but I'll still urge you to reconsider it. Normally I wouldn't mouth off my opinions in such personal matters but it will be a LOT of hassle to bring back the new born to US from India and even after that your child will be put in the same endless immigration Q we are all stuck in forever! On the other hand If you have your baby here he/she directly gets the citizenship!
If there is no one who can come from India to help you in the months following the delivery it still can be done. Couple of my friends did have their kids here with no one to help them since their parents couldn't get US visa. It's definitely hard but still doable. Medical care (pre and post delivery for both the mother and the new born) here is really good as long as you have good insurance. At the same time think about how much headache you will be saving your kid down the line. It's worth the hardships you'll have to suffer for couple of months.
If there is no one who can come from India to help you in the months following the delivery it still can be done. Couple of my friends did have their kids here with no one to help them since their parents couldn't get US visa. It's definitely hard but still doable. Medical care (pre and post delivery for both the mother and the new born) here is really good as long as you have good insurance. At the same time think about how much headache you will be saving your kid down the line. It's worth the hardships you'll have to suffer for couple of months.
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permfiling
02-08 08:17 AM
U need a visa to go to canada such as a tourist visa or business visa if not going to the consulate. It is better to fly then drive. I heard that if you are going to Tijuana, mexico then you don't need a visa
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gcseeker2002
10-17 10:49 PM
I filed my extension on Sep 27th and got the receipt notice on Oct 11th.
mrsr
06-29 12:01 AM
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
is the correct address for private couries (non USPS)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
Look for Nebraska Service Center Direct Mail Addresses for Applications and Petitions
also look for NOTE: If using overnight delivery by any private service provider, send your package to:
850 S. Street
Lincoln, NE 68508-1225
is the correct address for private couries (non USPS)
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=96b53591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1 RCRD
Look for Nebraska Service Center Direct Mail Addresses for Applications and Petitions
also look for NOTE: If using overnight delivery by any private service provider, send your package to:
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meridiani.planum
01-25 11:31 PM
Are you in desperate need of a job for monetary or immigration reasons. Since your EAD is valid until mid 2010, you don't have to worry about your immigration status.
unless he gets an RFE out of the blue asking for an employment verification letter, with a 30 day turnaround time. Then he does need to worry about his immigration status too.
485 pending means having a same/similar job offer ready at all times.
unless he gets an RFE out of the blue asking for an employment verification letter, with a 30 day turnaround time. Then he does need to worry about his immigration status too.
485 pending means having a same/similar job offer ready at all times.
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qplearn
10-10 09:26 AM
Such people give a very bad name to H1B visa system and anti immigrant organizations are more than happy to jump on such stories and help media print it. Even a thread like this will be an information resource for them. Lame duck session is very important for both sides in order to block or pass legal immigration provisions.
H1B abuse is very limited and while even a single abuse of any law is condemned by Immigration Voice, one needs to consider the scale of problems or abuse that have been reported — as compared to the total number of H-1B visa holders working in the United States. Recently released Government Accountability Office report on H-1Bs, notes that in just 2005, there were 306,927 H-1B labor condition applications approved. Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications.
Finally, a sensible post here. Please delete this thread!
H1B abuse is very limited and while even a single abuse of any law is condemned by Immigration Voice, one needs to consider the scale of problems or abuse that have been reported — as compared to the total number of H-1B visa holders working in the United States. Recently released Government Accountability Office report on H-1Bs, notes that in just 2005, there were 306,927 H-1B labor condition applications approved. Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications.
Finally, a sensible post here. Please delete this thread!
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Refugee_New
12-05 09:19 AM
Alhamdulillah, by Gods grace i and my spouse got the approval email yesterday.
This site was really helpful and i wanted to thank Pappu and Raju for their help. I don't know if you guys remember, i spoke to both of you during august 2006 and got some valuable help from you guys.
Thanks again and good luck to all other forum members.
This site was really helpful and i wanted to thank Pappu and Raju for their help. I don't know if you guys remember, i spoke to both of you during august 2006 and got some valuable help from you guys.
Thanks again and good luck to all other forum members.
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black_logs
02-09 09:53 AM
Sobers, thanks for mentioning that, with immigration bill expected in March, it is expected that the fight will go on until June/July. All of us might have to open our Wallets again as projected expenses stands at $200,000 now
Great job guys!
We need to make sure our effort is complementary to the Innovation Bills in Congress. It will be a far easier, and achieveable ride...
We are ready to contribute more. Please let us know what the revised targets are. Does this firm work on a billable hour basis or a 'target-achievement' basis?
Great job guys!
We need to make sure our effort is complementary to the Innovation Bills in Congress. It will be a far easier, and achieveable ride...
We are ready to contribute more. Please let us know what the revised targets are. Does this firm work on a billable hour basis or a 'target-achievement' basis?
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bunty717
02-06 03:36 PM
Nebraska will deny 140 for commerse degrees. They purely base their approval on education not on work experience. I guess they also know that people fake their experience but cannot fake the education. This is a sad state of affairs but I guess our country men are also partially responsible.
They take into account sections 14 and 15 of the labor cert. It has nothing to do with commerce degree.
They take into account sections 14 and 15 of the labor cert. It has nothing to do with commerce degree.
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cessua
07-16 09:37 AM
... in Manchester, NH - Boston, MA
Let us know what the final date is.
Let us know what the final date is.
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braindrain
04-19 06:40 PM
Gaurav,
You can try extension of I-94 at local CBP. I was in a simialr situation with respect to the status of my wife.We did not have the issue of Passport expiry in our case though .
Long story short....Her I-94 and H4 Visa expired on Oct'07, though she had valid H4 extension until Sep'09. We realized this only in March'08. Please find an details of my issue in the below thread I have posted before
http://immigrationvoice.org/forum/showthread.php?t=17630
On suggestion of my attorney, we went to the local CBP office at PHL and the officer corrected/extended the I-94. I just wanted to share my side of the story where the local CBP corrected the I-94 even after being out of Status.
Hope, this information helps you in making a decision...
Good Luck....
You can try extension of I-94 at local CBP. I was in a simialr situation with respect to the status of my wife.We did not have the issue of Passport expiry in our case though .
Long story short....Her I-94 and H4 Visa expired on Oct'07, though she had valid H4 extension until Sep'09. We realized this only in March'08. Please find an details of my issue in the below thread I have posted before
http://immigrationvoice.org/forum/showthread.php?t=17630
On suggestion of my attorney, we went to the local CBP office at PHL and the officer corrected/extended the I-94. I just wanted to share my side of the story where the local CBP corrected the I-94 even after being out of Status.
Hope, this information helps you in making a decision...
Good Luck....
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lahiribaba
10-10 11:43 AM
How is this a human rights issue? Nobody is forcing you (or me) to "waste" years.
Class action lawsuit - on what basis? I would like to be convinced otherwise, but USCIS is not doing anything against the laws.
it is a breach of expectations if nothing else. and the expectations are not unfounded. Also the per country quota limit irrespective of the number of applicants is something that is unjust. I am not a lawyer but there is something that is not right about the system - how it can be brought into a courtroom is something we can discuss and decide or a lawyer can help with.
Class action lawsuit - on what basis? I would like to be convinced otherwise, but USCIS is not doing anything against the laws.
it is a breach of expectations if nothing else. and the expectations are not unfounded. Also the per country quota limit irrespective of the number of applicants is something that is unjust. I am not a lawyer but there is something that is not right about the system - how it can be brought into a courtroom is something we can discuss and decide or a lawyer can help with.
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saps
11-06 06:41 PM
It would be great if IV can jump in but if not then we should try to send it individually...
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looivy
10-25 06:11 PM
Hi Experts,
My wife applied for her Advanced Parole and the following shows up on her status online. What are the typical RFEs that folks have been getting? The USCIS rec'd the supporting documents and this appeared the next day. She has her own approved I-140 so she is not a dependent.
------------------------------------------------------------------------------------------------
We mailed a notice requesting additional evidence or information in this case I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail.
------------------------------------------------------------------------------------------------
Please advise.
Thanks.
My wife applied for her Advanced Parole and the following shows up on her status online. What are the typical RFEs that folks have been getting? The USCIS rec'd the supporting documents and this appeared the next day. She has her own approved I-140 so she is not a dependent.
------------------------------------------------------------------------------------------------
We mailed a notice requesting additional evidence or information in this case I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail.
------------------------------------------------------------------------------------------------
Please advise.
Thanks.
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perm
09-15 09:07 AM
This is somewhat I feel and I may be wrong..
We need to come out in masses and get attention. Maybe we need to put out small number to teams to specialize in each area. A team, which deals with lobbies in DC, additional teams that is out there for PR and media coverage, separate teams to raise contributions, collect ideas from members - discusses and implements some of them.
Also get some high profile people to look into out goals and push them. Some big sponsors (undocumented workers got miller, we need someone too - Microsoft maybe). The media coverage should be saying out goals 'Documented workers need justice...etc' instead of 'Team IV on immigrationvoice....'
We need a headcount on this org and fax/send a common message to everyone with signatures (Like a petition IL had to give driving license to H4's) instead of requesting everyone to send a separate web fax (some members can visit this sites only in a couple of days and may miss sending wefaxes)
I have tired to ge more people like us to look and participate in this Movement but somehow they never bothered to join. We need to unite and re-unite.
We do need to plan something in masses. A march like the undocumented workers may not hurt, we too can be inspired like our bollywood directors.
The only way we are going to get our point out there is more media attention and awareness and what we are asking is fair. The articles I have seen so far 1. Do not have a big number of people involved in it (headcount), 2. More focused to promote 'www.immigrationvoice.org' then out goals 3. Have not reached out to right people (numberusa etc) 4. Have not been read / viewed / supported by the people to whom it is delivered.
And the biggest draw back I see is that we are like accessories to other bill, except SKIL. We need to come out of this tailgating and go through solo. If SKIL is out there, why is it not pushed? Why do people who are already citizens do not except us to get there. There is something missing and some brianers need to sit together and figure it out.
i will stop myself here and I do apologize if I have hurt anyone feelings and again, I may be wrong in what i say. If there is any way I can help, plz let me know
We need to come out in masses and get attention. Maybe we need to put out small number to teams to specialize in each area. A team, which deals with lobbies in DC, additional teams that is out there for PR and media coverage, separate teams to raise contributions, collect ideas from members - discusses and implements some of them.
Also get some high profile people to look into out goals and push them. Some big sponsors (undocumented workers got miller, we need someone too - Microsoft maybe). The media coverage should be saying out goals 'Documented workers need justice...etc' instead of 'Team IV on immigrationvoice....'
We need a headcount on this org and fax/send a common message to everyone with signatures (Like a petition IL had to give driving license to H4's) instead of requesting everyone to send a separate web fax (some members can visit this sites only in a couple of days and may miss sending wefaxes)
I have tired to ge more people like us to look and participate in this Movement but somehow they never bothered to join. We need to unite and re-unite.
We do need to plan something in masses. A march like the undocumented workers may not hurt, we too can be inspired like our bollywood directors.
The only way we are going to get our point out there is more media attention and awareness and what we are asking is fair. The articles I have seen so far 1. Do not have a big number of people involved in it (headcount), 2. More focused to promote 'www.immigrationvoice.org' then out goals 3. Have not reached out to right people (numberusa etc) 4. Have not been read / viewed / supported by the people to whom it is delivered.
And the biggest draw back I see is that we are like accessories to other bill, except SKIL. We need to come out of this tailgating and go through solo. If SKIL is out there, why is it not pushed? Why do people who are already citizens do not except us to get there. There is something missing and some brianers need to sit together and figure it out.
i will stop myself here and I do apologize if I have hurt anyone feelings and again, I may be wrong in what i say. If there is any way I can help, plz let me know
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thomachan72
05-08 06:57 AM
The easiest thing you could do is ask A to file for the H1B transfer. Once your application is recieved by the USCIS they will give you a reciept #. On getting the reciept #, you could immediately start working for comp A in anticipation of an H1B aproval. Even if menwhile B files to cancel your H1, you still have time to get A to file for your H1 transfer. Doesn't matter if it reaches later than B's. Most probably comp B will not even spend time and money to file to cancel your H1 and stuff. they are just trying to threaten you to keep you working for them. Get reciept # for comp A H1 transfer and move......
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looivy
11-16 04:40 PM
You need to take only the appintment letter (which should have the barcode) and passport for finger printing. I carried all docs though since I mailed everything to the consulate immediately after the Fingerprinting.
Thanks Krishmunn and pagal.
I have few more questions.
1. Does everything need to be notarized?
2. I paid $114 online visa applictaion fee. Is there any other fee on top of this fee for a 6-month visa?
3. Can I drop the app packet since I am in Chicago or does it still need to be mailed?
Thanks.
Thanks Krishmunn and pagal.
I have few more questions.
1. Does everything need to be notarized?
2. I paid $114 online visa applictaion fee. Is there any other fee on top of this fee for a 6-month visa?
3. Can I drop the app packet since I am in Chicago or does it still need to be mailed?
Thanks.
bhatt
11-04 01:23 PM
H4 must be associated with your latest H1b. Get it transferred immediately.
There is not anything like H4 transfer. H4 will be valid till the I-94 validity date provided the primary (h1) applicant is in status.
There is not anything like H4 transfer. H4 will be valid till the I-94 validity date provided the primary (h1) applicant is in status.
piyu7444
04-25 02:20 AM
i thought most people would be aware of the fact that when we immigrants call USCIS to get case status we are actually talking to a 3rd party who is contractor for USCIS and has very limited information to provide with.........to my understanding they just have same access to the case status which you or me can have if we create a profile on USCIS with our case numbers............Dont expect much from these people coz they themselve do not know much about any of our cases.........it is just like calling any customer care service........:):):)
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