mukuraj
05-23 01:31 PM
I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.
As there is no Green Card in sight for EB-3:
1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.
2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?
Appreciate any help in this regard.
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rajbgp2002
01-17 12:57 PM
Different service center case number starts with different letters.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
My case is same as yours. Earlier it used to be EAC, the latest one is WAC.
You should be able to use WACXXX... for online tracking.
abhisam
08-18 01:24 PM
there are 2 scenarions in the situation:
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
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martinvisalaw
09-08 06:13 PM
I know for a fact that you cannot count current employer exp for GC.
You can use experience with the same employer, but not in the same position as you note next.
If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Nobody could tell just by looking at the DOT job descriptions. Your actual job and duties are what is important, not any DOL codes or descriptions. if your duties in the 2 jobs are 50% different, you should be able to use the experience.
You can use experience with the same employer, but not in the same position as you note next.
If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Nobody could tell just by looking at the DOT job descriptions. Your actual job and duties are what is important, not any DOL codes or descriptions. if your duties in the 2 jobs are 50% different, you should be able to use the experience.
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akhilmahajan
06-20 10:42 AM
I have subscribed to the group. Am awaiting approval. Please contact me: I am actively working on lobbying for the bills, am part of teamIV and would like to organize a musical get together to raise money. I play classical violin myself; so I can be one of the performers. Please approve my membership or contact me at
shoklate@gmail.com
Maryland/VA/DC Chapter leaders have bene requested to look into your request.
I hope it will be taken care of at the earliest.
Thanks a lot for all the support.
GO IV GO.
shoklate@gmail.com
Maryland/VA/DC Chapter leaders have bene requested to look into your request.
I hope it will be taken care of at the earliest.
Thanks a lot for all the support.
GO IV GO.
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04-17 02:18 AM
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div_bell_2003
02-02 05:43 PM
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
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rk2006
11-23 06:08 PM
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
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Karthikthiru
07-09 02:12 PM
As far as I know, still you need to do. When I enquired for my son, they said I have to. So I did for my kid
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immi_enthu
08-18 03:30 PM
Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
more...
ivar27
11-08 12:28 PM
Thanks for quick response.
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?
I still do not know wat is query is. My employer hasnt received the details of query yet.
looking at the worst side, wat if the H1 tranfer Denied/rejected. Can i ask Company D to file for a new H1?
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lpahari
11-16 12:24 AM
Hi,
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
Any suggestions will be highly appreciated.
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softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
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rck4evr
08-07 08:06 PM
My employer says its the company's policy not to file for EAD or AP for all its employees. They are just filing the 485. I am sure that they(employer and lawyer) will not be giving me the 485 reciept too.
What options do I have ?
What options do I have ?
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kirupa
09-28 04:23 PM
Silverlight can be deployed on networks using something more centralized like group policy. I don't believe average end users can install SL3 without admin priviliges.
The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
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The best place to learn more is the SL Deployment Guide: http://blogs.msdn.com/tims/archive/2007/09/28/deploying-silverlight-in-the-enterprise.aspx
:)
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nt07
11-08 09:34 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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pd_recapturing
11-20 01:35 PM
I asked exactly the same question a few days ago and ppl replied that h1B is totally different case. H1B does not get affected irrespective of whethe it came thorugh due to 140 already approved or LC approved or a < 6 years limit.
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p_aluri
07-24 03:13 PM
PD has nothing to do with EAD processing. They're not linked.
There is no Priority Date on my I-485 receipt notice. Is that a problem?
There is no Priority Date on my I-485 receipt notice. Is that a problem?
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Biking
05-24 11:34 AM
Can anyone tell me what is ADIT processing?
RNGC
08-22 11:23 AM
Many of us are getting 2 year EADs. Great job IV.
Why AP is not issued for 2 years ? Have any one got 2 year AP ?
Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?
The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.
Can IV please help on this issue ?
Thanks.
Why AP is not issued for 2 years ? Have any one got 2 year AP ?
Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?
The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.
Can IV please help on this issue ?
Thanks.
maheshf
03-23 11:49 AM
Bump
