India_USA
10-05 10:46 AM
my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
wallpaper Aprilia RSV
mdy_tvr
02-01 04:43 PM
Guys
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
kicca
01-31 05:29 PM
^^^
2011 Aprilia Rsv 1000r 2005
cptbaseball
05-14 02:27 PM
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
more...
BimmerFAn
07-20 02:12 PM
Hi Gkaplan,
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
GCard_Dream
04-27 05:15 PM
I am not sure. May be it is. Details are still not out yet and I don't see the text of the bill on thomas. Hopefully more detail will emerge in next day or so and then we will know for sure.
http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478
http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478
more...
immiguy
07-20 04:35 PM
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
2010 Aprilia RSV4 factory
invincibleasian
01-31 12:28 PM
guys please quit all this begging. If yu guys need help do your research or contact an immigration attorney!
more...
fasterthanlight�
06-06 06:35 PM
When do the polls close?
hair 2005 Aprilia Mille Rsv R Side
gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
more...
good idea
09-13 07:59 PM
Common guys we need to make some thing better for EB3 folks.
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
hot 2002 Aprilia RSV Mille photo
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jonty_11
12-03 02:15 PM
I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....
I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
more...
house 2009 Aprilia RSV4 Factory
.jpg "Aprilia News: September 2008")
nashdel
04-09 08:10 PM
In my non professional opinion if your wife I 140 is approved then you should have a very low risk for any problem. If I 140 is not approved then you are taking a little more risk. If 140 is rejected, your EAD work might be invalid.
good Luck
good Luck
tattoo Used Aprilia RSV SP
krishna.ahd
10-15 03:58 PM
Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/
or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001
Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
So can anyone provide good online tools to know more about investing on stocks and buying stocks online...
Thanks
Start with this - much simpler
http://money.cnn.com/magazines/moneymag/money101/lesson4/
or this
http://www.fool.com/investing/basics/index.aspx?source=ifltnvpnv0000001
Good Luck
BTW , there are supposed to be lot of police around here , looks like all are set with GC
more...
pictures The new 2009 Aprilia RSV4 is
qasleuth
09-17 11:37 AM
Why even bother?
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Wrong and Wrong.
Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.
If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).
Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)
Here is a good read on the why's/what's
Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)
Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Wrong and Wrong.
Lou is broadcasting his radio show from Federation for American Immigration Reform's "Hold Their Feet to the Fire" legislative advocacy event. No points for guessing what the event is advocating for. Just wait for CNN to drop Lou and Fox embraces him. It will be just in time when CIR comes back on radar.
If you have been even remotely following the healthcare debate, the fewest (however idiotic or uninformed they are) make the loudest noise, scaring lawmakers. THAT is guaranteed to affect you and I (well not senthil as he already has his GC).
Lou Dobbs | Media Matters for America (http://mediamatters.org/search/tag/lou_dobbs)
Here is a good read on the why's/what's
Timothy Karr: What Beck, Dobbs and Limbaugh Are Really Afraid Of (http://www.huffingtonpost.com/timothy-karr/what-beck-dobbs-and-limba_b_288480.html)
dresses along with rsv]
walking_dude
01-31 09:39 AM
A friendly reminder to all MI members. Write personalized E-mails to your newspapers. This may be our chance to make the lawmakers and the media aware of our issues.
Please participate in a campaign which is very important to all of us.
Please participate in a campaign which is very important to all of us.
more...
makeup Aprilia RSV4 Factory
quizzer
02-23 04:54 PM
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
Shirish,
Can you give more details about your I140?
EB2 or EB3?
NSC or TSC?
RD and AD???
Thanks
Shirish,
Can you give more details about your I140?
EB2 or EB3?
NSC or TSC?
RD and AD???
Thanks
girlfriend Aprilia RSV 1000 R
WeShallOvercome
11-07 12:10 PM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
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sdeshpan
06-24 06:18 PM
Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.
Don't get your hopes high.... just get your head down and work for them.
and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)
Don't get your hopes high.... just get your head down and work for them.
and what's the point of posting this twice...10 minutes apart? Those who will, will take your point! :)
gcformeornot
04-07 01:27 PM
In very basic terms.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.
Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....
Mind you this is all relates to pre July 2007.
dealsnet
04-15 05:18 PM
You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
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