Pagal
03-01 06:03 AM
Hello,
Sorry to read that! May your son have a speedy recovery...
Here are some considerations:
IF you are laid off .... in this economy, if you are still holding your job, then the chances of you losing it are low, so be optimistic.
But, in case you are laid off:
a) How would you support yourself and family in US plus your son's medical bills? Wouldn't it be cheaper to be in your home country (unless it is UK/Europe)?
b)The only visa that I can think of is the visitor visa, but on that visa, you can stay in US only 6-m at a time
Good luck!
Sorry to read that! May your son have a speedy recovery...
Here are some considerations:
IF you are laid off .... in this economy, if you are still holding your job, then the chances of you losing it are low, so be optimistic.
But, in case you are laid off:
a) How would you support yourself and family in US plus your son's medical bills? Wouldn't it be cheaper to be in your home country (unless it is UK/Europe)?
b)The only visa that I can think of is the visitor visa, but on that visa, you can stay in US only 6-m at a time
Good luck!
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sac-r-ten
02-12 09:05 AM
this shows that we just have to be patient and hang in there. might get lucky any time :)
clif
08-12 02:25 PM
Elaine, thank you for your prompt reply. And radhay, thank you too.
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vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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gbof
09-01 04:37 PM
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psnycgirl
03-08 03:43 PM
Both my husband and I have been using our AP for traveling for the last few years and he uses his EAD for his job. So trying to say that we don't use our H visas but his employers renew them anyway when its time to renew.
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
Our H visas are about to expire this week and the lawyers sent in the extension paperwork to INS in December. Somehow we never really followed up and recently realized that somehow my husband's H1 application either never reached there or got misplaced since they only sent my H4 receipt even though both were fedexed in the same envelope. His employers are going to file again.
Now we are planning to travel next month. So here are my questions:
1. Can we travel with our applications pending?
2. If INS considers our applications abandoned if we travel, does it make a difference, especially because we don't use our H status for either work or travel?
3. The lawyers are suggesting expedited/premium processing for my husband. How long does it tae these days (Vermont center) and can my H4 be filed along too even though one is pending since December (and I think it will remain pending forever because it has no corresponding H1 so how will they approve the H4)?
Thanks!
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masterji
01-27 09:21 AM
I am in the same situation. I did not wait for 4-6 weeks for 221(g) and entered US using AP. The consulate called my home in India and was asking why I did not follow up my application? Should I withdraw my application by e-mail? Will there be any negative impact on my status in US?
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rajeshalex
12-13 09:44 AM
seems to be a good idea
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RandyK
04-03 02:06 PM
Good information
http://imminfo.com/resources/newsletter/2008-04Newsletter.pdf
http://imminfo.com/resources/newsletter/2008-04Newsletter.pdf
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gc_coming
08-30 11:13 AM
This shouldn't cause any problem... My GC was approved in August while i was in India. On my return two weeks after the approval, the officer allowed me in on AP. I showed him the printouts of my approval email and he said you can use your green card next time you go out of the country.
Hope you get your approval soon
Hope you get your approval soon
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austingc
04-29 05:45 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
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baleraosreedhar
02-06 12:36 PM
One problem is as the new company is big desi firm they are not giving me copies of Approved labour and I140, i just have the I140 number.So can you please let me know is it possible to port my PD without I140 document by just quoting the I140 number.
Thanks
Sreedhar
Thanks
Sreedhar
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Tranter
08-06 02:46 PM
good
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rollercoaster
04-03 11:08 PM
Thank you sunny1000. God bless you.
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draino
04-15 11:42 AM
It's not an engine, it's an S&S V-Twin power house. I didn't realize we were being judged on the complexity of font used.... I must have missed that part in the rules.
Come on man, It's Friday! Lighten up.
:thumb:
Come on man, It's Friday! Lighten up.
:thumb:
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abhishek101
12-04 02:17 PM
Yes you can,
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
I am exactly in the same position as you. Jul 07 filer, and got married after that so my wife is on H4.
Just recieved my 10 - 12 year extension in August for H1b being valid till July 2012.
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Siboo
06-14 02:35 PM
What happens after the I-485?
I guess I-486:D
I guess I-486:D
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hibworker
01-26 01:41 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
As a dependent your wife will have to join your petition at I485 stage - at that point she will not be able to get F1 as she would have shown immigrant intent.
Prior to that, it will depend on how visa officer treats your pending GC app in relation to her F1. I have applied for I-485 but my wife hasn't and she recently got her F1 stamped in New Delhi without any issues.
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kirupa
05-02 05:05 PM
HAHA - very clever :)
udayak
08-27 05:15 PM
Given the current circumstances, it will take years for I-485 to be
process for 02-july filers.
One of the provisions of AC-21 is that the job is in same or similar
occupation. If a person changes his functional role(Ex: IT->marketing,
IT->Non-IT, IT->Sales etc.), how is AC-21 protoability applied ?
So, in this case, can a new labor/I-140 be applied for the NEW
position ? Can this I-140 be used to replace the existing I-140
with USCIS ? Can I-485 continue in this case ?
Thanks
process for 02-july filers.
One of the provisions of AC-21 is that the job is in same or similar
occupation. If a person changes his functional role(Ex: IT->marketing,
IT->Non-IT, IT->Sales etc.), how is AC-21 protoability applied ?
So, in this case, can a new labor/I-140 be applied for the NEW
position ? Can this I-140 be used to replace the existing I-140
with USCIS ? Can I-485 continue in this case ?
Thanks
jsb
06-18 02:38 PM
Hello Everyone,
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
(1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
(2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
(3) Priority date will be ported from your original application with company A
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
(1) You can transfer your H1B for company B up to Sep 2011, but cannot extend it.
(2) Assuming you have not filed your I-485, you can not use labor/I-140 of company A. A fresh Labor and I-140 will be required.
(3) Priority date will be ported from your original application with company A
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