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pd_recapturing
12-13 02:50 PM
There is no AC21 for derivative applicants. She can join any employer at any time. AC21 comes into picture only for primary applicant. Derivatives get almost a virtual GC in terms of EAD.
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monkeyman
08-30 02:11 PM
I applied my 485 as a single on July 17th.
I got married and then applied my spouse's on Aug 16th.
Since I am married now, will that cause my application to get rejected as I applied as Single.
I am not sure how would this be handled at USCIS end ?
Any idea ?
Should not have any impact - your spouse will receive a conditional GC if her GC comes within two years of your marriage. You shall (as a primary member) receive a 10 year GC. You will need to file for your wife again to remove the conditions after completing two years of your marriage. No big deal. Just chill and attend the rally. No one can tell you how long will it take it to get your actual GC though.
I got married and then applied my spouse's on Aug 16th.
Since I am married now, will that cause my application to get rejected as I applied as Single.
I am not sure how would this be handled at USCIS end ?
Any idea ?
Should not have any impact - your spouse will receive a conditional GC if her GC comes within two years of your marriage. You shall (as a primary member) receive a 10 year GC. You will need to file for your wife again to remove the conditions after completing two years of your marriage. No big deal. Just chill and attend the rally. No one can tell you how long will it take it to get your actual GC though.
lost_angeles
03-02 03:47 PM
Anyone?
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smaram1
07-02 05:44 PM
1) Eligibility Status?
Filed I 485
(c) (9) Employment Based
2)Please provide information concerning your eligibility status.
Write ur I485 and I140 Numbers in text area with Pending I485
Filed I 485
(c) (9) Employment Based
2)Please provide information concerning your eligibility status.
Write ur I485 and I140 Numbers in text area with Pending I485
pappu
09-25 07:23 PM
Can somebody can suggest me a good immigration laywer?
Thanks
i suggest not restricting to NYC lawyers. Lawyers can take up cases anywhere in US. If you need a recommendation you can send a PM.
Thanks
i suggest not restricting to NYC lawyers. Lawyers can take up cases anywhere in US. If you need a recommendation you can send a PM.
more...
hetuweb
01-25 08:23 PM
This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
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japs19
07-17 08:13 PM
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...
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LostInGCProcess
07-20 01:30 PM
Thanks, Chandu.
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
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glus
01-02 10:54 AM
hi:
Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.
Glus
Always look at last action taken by the USCIS. If USCIS approved your H-1B for employer D, and attached I-94, that means that as long as you are working for employer D at this time and at the time you extend and re-stamp your H-1b visa, there should be no problem. Make sure you take W-2s and Tax returns from previous years you were in H-1B status when you go for a new Visa Stamp.
Glus
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BMS1
11-02 05:47 PM
1. You can work with EAD for whomever you want.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
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gc_check
01-25 11:07 PM
Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
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SK2007
03-27 02:27 PM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
Applying for H4 while being in India might be the easiest. She can still continue her studies on H4, if she wants.
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prk_stl
07-01 08:38 PM
hello GCBoy786,
Did you send your documents thru Fedex? If so can please post the address? Thanks
Did you send your documents thru Fedex? If so can please post the address? Thanks
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augustus
07-08 12:23 PM
Dear Friends,
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
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greyhair
04-04 08:28 PM
Hi All,
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
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Cheran
07-02 09:47 AM
Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
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snathan
04-08 08:41 AM
I am a resident working on H1b. Got married and wife joined me in July 2010.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
What are the other options
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Notorized copy of the passport which shows the valid visa...
Thx
.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
What are the other options
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Notorized copy of the passport which shows the valid visa...
Thx
.
gopi544
06-30 11:35 AM
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
indianindian2006
09-26 11:07 PM
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
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