mita
07-19 11:13 AM
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
I just want to start a thread for folks whose primary applicant is approved but derivative is pending. My case was approved on July 8th, but my wife's case is still pending. Here is the complete list of steps that we have taken.
1) Created an SR on 07/09/2010 (No response yet)
2) InfoPass appointment on (07/16/2010); Reveals that case is pre-adjudicated.
3) Submitted form DHS-7001 (07/19/2010)
Please share your comments, thoughts and experiences on how you dealt with this situation.
I just want to start a thread for folks whose primary applicant is approved but derivative is pending. My case was approved on July 8th, but my wife's case is still pending. Here is the complete list of steps that we have taken.
1) Created an SR on 07/09/2010 (No response yet)
2) InfoPass appointment on (07/16/2010); Reveals that case is pre-adjudicated.
3) Submitted form DHS-7001 (07/19/2010)
Please share your comments, thoughts and experiences on how you dealt with this situation.
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gcdreamer05
09-12 10:07 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
wandmaker
07-01 07:41 AM
We got H-1B 7th year extension approved (through Premium processing) at CSC on 06/12/2008. The extension of stay was also approved. We received the I-797C (courtesy copy) and travelled to India with it (along with all the relevant documentation for the H-1B visa stamping) at Chennai. We now realize that we need to I-797A and for some reason the company's legal dept did not receive this yet. The legal dept usually receives both I-797A and I-797C. The chennai consulate does not accept I-797C for stamping.
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?
What are our options here. Though I-140 is approved and I-485 is pending for us, I had not applied for EAD/AP since I plan to continue with my current employer (agreed it was a mistake that I did not apply for the AP). I am with my family now here in Chennai and have to return to the US at the end of July. Will the USCIS send us a duplicate since we never received the original I-797A. The other option is to file I-824 but the processing time is crazy long. Is their expedited processing available for this due to the urgency of the situation? Please help with your valuable inputs.
Thanks. MP70
I-824 processing is heavily backlogged both in VSC and CSC - I guess, there is no PP or expedite option available for duplicate notices. Did you have valid and unexpired H1B stamp on your passport when you left US?
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meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
more...
dummgelauft
03-25 09:49 AM
..Wadhwa,...Dalmia...all desi names. Well, Anderson Cooper is american. But what I mean is that the authors of such articles and studies are almost always Indian origin people.
While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.
While it serves well to have such studies out there, we need more white american people supporting this cause. And I stress WHITE amerrican.
Even though America was built on the backs of immigrants, all but a very few of them were white anglo-saxon people from western europe.
gcformewhen
09-10 05:02 PM
Hi,
I got laidoff recently. My company is going to withdraw H1b. I have my 140 approved from same company and my 485 pending. I have EAD and never used and working on H1B for the same company. I was working for the same company which processed my H1B.
If H1B is withdrawn is there going to be any effect on my 485? like any possibility of RFE on 485 for EVL? My employer said they will not withdraw or revoke 140.
How long will it take to withdraw H1B?
your inputs are much appreciated.
Thanks
I got laidoff recently. My company is going to withdraw H1b. I have my 140 approved from same company and my 485 pending. I have EAD and never used and working on H1B for the same company. I was working for the same company which processed my H1B.
If H1B is withdrawn is there going to be any effect on my 485? like any possibility of RFE on 485 for EVL? My employer said they will not withdraw or revoke 140.
How long will it take to withdraw H1B?
your inputs are much appreciated.
Thanks
more...
mwin
08-30 10:00 AM
Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
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wa_Saiprasad
07-23 08:26 PM
Very helpful. Thanks for the post.
more...
sushilup
09-28 12:41 PM
ANY ONE ON THIS PLEASE
Hi Guys,
I didn't find such a thread in my search. If you thing there is already one please delete this.
I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.
My I 485 transfered from TX to CAL and now to NEBRASKA.
131 AND 765 says received and pending at California
package was received at Texas on 23rd July and Cal center issued notice on Sep 24.
Please let me know if anyone has similar case.
Thanx.
Hi Guys,
I didn't find such a thread in my search. If you thing there is already one please delete this.
I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.
My I 485 transfered from TX to CAL and now to NEBRASKA.
131 AND 765 says received and pending at California
package was received at Texas on 23rd July and Cal center issued notice on Sep 24.
Please let me know if anyone has similar case.
Thanx.
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ramb
09-30 06:11 PM
I'm going to Canada on vacation for 2 days. I've read that if yr I-94 is valid and even if yr visa is expired you can return to US (thru automcatic revalidation)
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
more...
piperwarrior
07-17 11:16 PM
I don't think your lawyer knows what he's talking about. All you need is your I-140 receipt. I applied for my wife on July 2 and used my I-140 approval notice. Did not even include the I-485 notice as the instructions did not ask for it. The simple solution is to go online and download the official instructions and figure out for yourself.
I got myself in somewhat of a mess here and wondering if there is any solution?
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
I got myself in somewhat of a mess here and wondering if there is any solution?
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
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shaji_p_j
08-05 12:51 AM
you may need to apply for h4 again since she used the EAD. Discussing with a good attorney who is knowledgable on this case is very important. Hope you have not used your EAD if got one. If used the issues can be worse as you may lose your h1B status as well.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Please update your case. I may also face such a sitaution . But not sure at this moment.
Which service center you applied the AOS and when?
Shaji.
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
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dilber
07-29 02:51 PM
Just sent you an email. I will pray for your cousin.
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sdrblr
05-10 12:51 PM
That is correct.. any stay on "H" (H1, H4) or any "L" (L1, L2) will count towards 6 years.
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Steve Mitchell
February 11th, 2004, 11:35 AM
As of right now, retailers have no knowledge of this happening. Does not mean it's true or false, just the fact is retailers are not aware. As of the time of this posting.