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  • martinvisalaw
    01-11 02:31 PM
    The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.

    The company could file for your husband's PR while he is outside the US, and this is worth discussing.





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  • a_yaja
    04-18 09:32 AM
    if u like to pay for it, there's already an option for u: EB5. price tag: $500K minimum!
    Only in under-developed areas. For a developed area, it is $1 million.





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  • psaxena
    05-04 11:16 AM
    My case is in Nebarska.. is their an email for that location?

    wow.... interesting post.
    thanks.

    i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.

    Got to send this to my attorney and get her input.





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  • srgadi
    06-30 12:46 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.



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  • StuckInTheMuck
    05-04 03:39 PM
    [I apologize for starting a non-immigration related thread on this personal question.] I am trying to quickly book a US-India Lufthansa flight via Frankfurt for June travel, and the one I am looking at gives me 2-hr stopover (+30mins for boarding) at FRA in between connections, in the same terminal, on the return leg of the trip. My question to those of you who recently traveled via FRA is whether 2-hr is long enough to make the connection. I haven't had such a trip in a while, and not up-to-date with any additional (passport/immigration) verification procedure at this airport. I do know FRA does not require a transit visa.

    Thanks a bunch for your time.

    Cheers,
    stuck





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  • royus77
    09-02 06:29 PM
    Please stop opening new threads which are not related to immigration

    I got 2 red dots for this .....Crazy people



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  • buehler
    09-03 05:55 PM
    My friend said that opening an SR could lead to a higher probability for an RFE. Is that the case? I know it is not possible to scientifically prove it but is there any anecdotal evidence of it?





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  • gbof
    01-28 09:16 PM
    Folks, please help:

    I had submitted both parents' affidavit along with my 485. Now i got RFE with only 3 weeks to reply. My name and DOB is diff in my BC so it's of no use and they won't issue NABC. I recvd BC from consulate and i am going to submit it along with a copy of my 10th grade leaving cert.

    My questions are:
    1. Can USCIS deny 485 solely due to lack of BC/NABC ? if yes then What are the chances of denial ?
    2. If the officer does not think that consulate BC is enough, will they deny 485 or issue another RFE?
    3. Do you know anyone whose 485 was denied simply for no BC/NABC reason?
    4. My 485 was (wrongfully) denied few months ago when my ex revoked the approved I-140, could this affect the future processing of the case -vely (i hope not) ?

    Thanks in advance.

    I can not say on on Q1 or Q3 but for Q2, I am told by attorney USCIS does not entertain BC from consulate or BC issued by school board.



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  • venky08
    09-25 09:50 AM
    this is a good find! they need to have 3 year extensions on EAD

    They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.





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  • chansek
    07-21 11:33 PM
    Hi,
    Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.

    Thank you.
    chansek



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  • desitechie
    01-11 02:11 PM
    Hi,

    Thanks for this service.
    I had applied for my I-485 in the July 2007 fiasco and i have my EAD and AP renewed every 2 /1 years. My I-140 is approved in Mar 2008.

    Now i got a full time opportunity with a company and i want to know which option is best for me. I have my H1 visa valid till 2011 November and i am now in 5th year of my H1.

    Shall i use H1 transfer to move to new company which offered me full time job or use EAD?
    Which is safer for me? And do i need to apply AC21 or is it optional? Most of my friends are saying to not to apply for AC21.

    If i use EAD and if my I-485 has any issues, what will be my status?

    Thanks for your help.

    If the new company is willing to do H1 transfer, you can opt for this option. If not, EAD is not a bad option. People say being on H1 is better than EAD, in case 485 is denied in future.

    AC21 again is subject to different opinions. I know people who got GC's doing and not doing AC21.

    I would suggest you go by the new company lawyer's opinion if he/she belongs to a reputable firm.

    I personally used H1 transfer and AC21.





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  • Ann Ruben
    02-10 11:57 AM
    Saurin,

    Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

    Ann



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  • alterego
    11-02 03:42 PM
    Dear President Elect _______

    Congratulations sir, on your election to the Presidency of the United States of America. It has truly been inspirational for me to follow your campaign.

    As a legal immigrant to this country, my one regret this season is that after nearly 10 yrs in this country, I was unable to participate in this process by actually voting. In fact, I am yet to be the beneficiary of a green card. I am caught up in the quagmire that is our legal immigration system. Yet, I understand fully that this does not represent the spirit of America, so I keep hoping.

    I have been waiting patiently for many years and following all the rules set forth. Though there are many pressing issues to be dealt with, I hope that you would make the issue of addressing legal immigration reform and transparency, one of your administration's early priorities. As you are aware this issue is also critically linked to economic competitiveness and global economic leadership. I feel certain that your bi-partisan leadership can accomplish sensible reform quickly.

    Respectfully,





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  • desi3933
    02-25 01:08 PM
    You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.

    >> Since she is currently on an H1B, her previous H4 stamp is invalid.
    Incorrect. Total BS in your post.

    Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.

    __________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • sin94
    03-08 08:50 PM
    Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months

    On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.

    No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.

    Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear

    I just hope others do not go through the same harrowing story as mine.

    That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient





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  • indianabacklog
    01-03 12:43 PM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?

    Thanks

    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa



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  • gc28262
    11-30 10:52 PM
    All,

    I am starting this thread to track I-485 applications that did not receive receipt notices yet after filing in July-August

    I filed on August 15th
    No receipt notice yet as of Nov, 5, 2007

    Anybody else in similar situation ?

    My attorney received attorney's copy of 485/140 notices on Nov-14-2007. I didn't receive my copy so far as I had moved after filing my 485. However I used attorneys copies for filing my EAD etc.





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  • visaspirant
    10-22 10:40 AM
    If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
    In her case, company has not revoked the H1 yet.





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  • eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501





    sprobir
    09-23 12:19 AM
    I would be willing to join your chapter too - good we are doing something in Oklahoma. I will email you at raydhan@hotmail.com





    pan123
    11-04 04:14 PM
    Guys,

    Your help/guidance is needed on this strange situation.

    I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.

    Apparantly, this employer is causing some issues in giving me all my supporting documents.

    My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?

    You experience, knowledge will be appreciated.

    Thanks,
    pan123



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