Rune
February 3rd, 2005, 01:55 AM
Nice edit Anders. And your version seem to be more in line with the rule of thirds too?
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Ramba
08-19 04:17 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I think you need not file any new 485 based on the approval of I-130. Once the I-130 is approved, you need to notify the USCIS (where your 485 is pending) that your new I-130 will be the underlying approved immigration petition for the pending 485. Perhaps, some lawyers may answer for the exact procedure to do that.
pd052009
05-23 09:45 PM
My comments were quoted in the blog. As said by previous posters, they have picked few lines from my comments. These comments were related to Qn#1 (How can immigration reform support America’s competitiveness in a 21st century economy?). We can not expect to see all the quotes from one user in issues like this.
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billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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RadioactveChimp
05-08 08:53 PM
awwww!
saravanaraj.sathya
08-24 08:55 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
more...
sagittariusarm
02-12 11:10 AM
My wife was also in the same situation. We hired a good Driving Violations lawyer. He reduced it to a no points 'Reckless Driving' ticket. It did increase our insurance premiums but no other effect.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
Thanks buehler!!
Do you know what was the classification of your wife's case? In my wife's case it was a criminal violation. Since the insurance took care of the other party, I am sure our premium will increase but that is not the worry, just want to make sure she is cleared and her immigration process is not affected. My immigration attorney just confirmed that it should not be a issue because even if judge sentences the max sentence is 60 days jail or $500 fine, I would prefer the later, but I am sure the case will not go that far because I am hiring a attorney.
The green card process will be a issue only if the sentence is more than a year, as per my attorney.
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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.
more...
ps57002
09-25 05:54 AM
Please join us everyone in tri state area. as said, it's "no obligation". you have nothing to loose. See what it's all about...
http://groups.yahoo.com/group/immigrationvoiceny/
http://groups.yahoo.com/group/immigrationvoiceny/
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SlipperyGC
05-09 03:00 PM
Thanks
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vallabhu
08-26 02:49 PM
Hi snathan, I cannot do premium processing on denied I140 or refiled I140.
Hi clear485,
I showed this to my attorney and he says they dod not say that applicant will loose ability to extend H1 with a refiled I140.
Hi clear485,
I showed this to my attorney and he says they dod not say that applicant will loose ability to extend H1 with a refiled I140.
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Ann Ruben
06-18 06:57 PM
You can certainly maintain your H-1B status while the EB-5 immigrant visa petition is pending, though you would not be authorized to work for the EB-5 enterprise until an EAD filed in conjunction with your I-485 is approved.
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abhisam
08-18 03:39 PM
this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
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ameryki
07-04 07:29 PM
I am not an attorney but questions related to your employer etc should not be asked if you enter on AP. They are more focused on those questions when one enters using a work visa of some sorts. I suggest you enter asap using your AP given that it expires in a month get your green card in hand and then you are free man. You can even go back work out of the country for a limited time until you find a project here. By the way congratulations.
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priderock
08-07 04:27 PM
She was detained for five hours but not strip searched. Understandably she was upset by it."
Wow. She was upset because she was not strip searched? :D
:) :)
Wow. She was upset because she was not strip searched? :D
:) :)
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supu
10-20 11:27 PM
Can u just work part time in EAD without H1B.
Can u please guide me as i plan to do MBA part time.
I heard your salary leave should be very similar and job close to the one on H1b.
If its different ( salary or profile) , USICS can reject the EAD application.
Can u please guide me
Thanks
Can u please guide me as i plan to do MBA part time.
I heard your salary leave should be very similar and job close to the one on H1b.
If its different ( salary or profile) , USICS can reject the EAD application.
Can u please guide me
Thanks
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hsingh82
07-14 04:05 PM
Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?
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eb2_mumbai
10-26 09:36 AM
Never seen any one asked for EVL for derivative at POE. Especially on AP. So you should be fine on that front. But You need to realize that you need to find a same / similar employment ASAP.
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B+ve
04-09 08:55 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
engineer
11-02 01:06 PM
I sent invite to 50-60 people..please do same..
gonecrazyonh4
05-18 03:30 PM
I am looking for someone in San Jose, Fremont, Milpitas, ..nearby areas. Sorry for not being specific last time.
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