Sunday, June 12, 2011

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  • ashoka
    09-26 02:28 PM
    I think everybody has LUD 08/05. So it does not help. I applied 485 on 08/08.

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  • desi3933
    03-30 11:00 AM

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period

    Congratulations on your permanent resident status (aka green card holder).

    1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
    2. Since they have filed for I-485, they are in valid AOS Pending status.
    3. They must use AP to re-enter USA

    Not a legal advice.

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  • manand24
    08-11 01:10 PM
    Pd April 2006
    Rd 07/02/2007 (nsc)
    I-140 approved 10/2006

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  • vikramy
    07-10 05:06 AM

    One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
    I think this is more of ignorance about EAD.

    Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.


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  • atlgc
    06-01 09:03 AM

    MY new 140 approved with PERM. Yet to see the approval but I hope they classified me in Eb2 and placed my old PD.please see my signature for the details

    I have the following questions

    1. What are the different things one can do to speed up the interfile process

    2. Do we need to go through medicals again, last done in 2007?

    3. Do we need to go through FBI clearance, last done in late 2007?

    Asking Question #2 and #3 because it costs money and I have to spend from own pocket, employer not covering from 140 onwards

    Any experience, thoughts, inputs are appreciated

    Thank you

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  • The7zen
    08-24 09:52 AM
    Hello Everybody,
    Thanks for the welcome and glad to join the group.
    I have also given the contact details and already got access to the google group.


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  • rajsenthil
    08-17 10:41 AM

    I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.


    I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.

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  • chanduv23
    03-28 12:42 PM
    If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
    As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.

    Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.

    Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.

    Issues have happened with many of my friends.

    It is perfectly fine and no mistakes here.


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  • mhtanim
    02-12 11:20 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?


    Yes, you are allowed to take lifetime learning credit. It has nothing to do with your visa status.

    It should not have any effects on your greencard process.

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  • sonyyy
    06-07 04:12 PM
    It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.

    Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?


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  • theMan
    01-11 03:30 PM
    desitechie has already provided a sound answer. That said, EAD/H1 shouldn't be much of a difference for normal situations. Yes, you will lose the ability to reenter the US when traveling internationally without going through secondary inspection, but that additional time is negligible in the big scheme of things.
    As for AC21, my take is don't bother unless you get an RFE. No harm in sending in upfront either.
    Your entry status will be AOS, when you use AP.
    Good luck for your new job.

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  • chanduv23
    05-04 04:37 PM
    ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?

    Just imagining what the details of the RFE could be?


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  • kirupa
    01-19 11:17 PM
    Unfortunately, your entry doesn't qualify because you are using box2d :(

    Really cool entry though!

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  • nixstor
    09-27 02:27 PM
    That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.


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  • jsb
    12-02 10:41 AM
    I am in the same boat ... albeit little behind you...

    My PD is also Aug 2005 (EB2).
    My ND is Sept. 17, 2007 and RD is Aug 7, 2007.

    Hopefully someone picks up my file from the dungeon and at least remembers me... :)

    I am glad someone is at least looking at your file ... RFE ayaa to RFE - but at least its on someone's desk ... cheers!

    Does it mean they are now looking at apps based on RD, even if PD is not current? I was current in Aug/Sep, but I didn't hear anything (as possibily for them a date closer to ND is the "date received", which for me is Oct07, although my RD is 2July07).

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  • jettu77
    05-27 03:15 PM
    I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.


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  • BumbleBee
    07-18 02:10 PM
    Hi SertTurk,
    Its not clear from your post as to which state your/spouse's application is in. There are three phases
    #1 Labor certification ( state and Federal )
    #2 I-140
    #3 I485 ( adjustment of status )

    In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.

    Please talk to an attorney before making any decision.


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  • howzatt
    07-18 10:32 AM

    If we cannot even contribute $10 PER MONTH, that is really really cheap of us.


    with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

    I know your intentions are good and ...

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  • 485Mbe4001
    04-12 01:47 PM
    I think IV member idlinginc
    added the entry yesterday...

    thanks for your help, maybe idlinginc can help us with the effort to maintain the wiki page and list

    11-15 01:18 PM
    In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.

    09-25 05:14 PM
    What is unfortunate is that whenever they talk about 'immigration', it always refers to the illegal immigration problem. The US already have a legal immigration process. Fix this first before dealing with the illegal problem. If there was a functional legal immigration process, it would resolve some illegal immigration issues.

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