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wandmaker
11-01 08:21 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
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cr125rider
04-16 10:18 PM
I love it *Looks to the left at subname thing*
Ram_C
11-02 05:49 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
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AllIzzWell
05-03 04:13 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
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ashshef
09-01 02:44 AM
Just tell the first level rep that its been over 90 days. They don't even ask your name...so no bad ramifications. They will transfer you. You can tell the 2'nd level rep the truth. They don't know what you told the 1'st level rep.
dohko
01-07 10:57 AM
Hi
I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
I have some experience from before I got my BS and my MBA can that be used?
Thanks
I currently work as Market Research Analyst. Can I get approved for EB2 with MBA+0? Company is willing to help. Would requiring a foreign language help?
I have some experience from before I got my BS and my MBA can that be used?
Thanks
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EkAurAaya
08-18 10:21 AM
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
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ilikekilo
07-02 08:50 AM
if u were you get in touch with a lawyer and see ur options...i wouldnt wait anymore
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cilantro
09-28 05:16 PM
My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either.
What can I do in this situation? Please advise.
What can I do in this situation? Please advise.
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wantAGC
07-23 03:14 PM
I also have a similar case of 2 485s . I have EB2 priority date of September 2005 and not yet approved. May be multiple A # make it complex. I am planning to take an infopass apppointment and talk to IO and inform that we have 2 A#. Let us know how your appointment goes
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fromnaija
06-28 03:52 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
You may contact an immigration attorney if you cannot file this on your own and require help.
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
You may contact an immigration attorney if you cannot file this on your own and require help.
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h1vegas
02-02 08:32 PM
Thanks nousername
well i already have a EAD, additionally I will apply for AP as well
Thx again
well i already have a EAD, additionally I will apply for AP as well
Thx again
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psk79
05-22 11:16 AM
I am sure this what might have happened since you talked about FP.
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
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getgc2008
03-18 02:03 PM
I am planning to use AC21 and notify USCIS about it. I have the labor job title, code and salary. The salary applied was in hourly rate of $46. So at the new permanent job, I have it as annual salary.
So how much would $46 be in annual salary or should I just have an hourly rate on my experience letter from my new employer.
So how much would $46 be in annual salary or should I just have an hourly rate on my experience letter from my new employer.
more...
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crazyghoda
02-13 03:08 PM
I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.
Has anyone else noticed something similar when you started with a new employer using eVerify?
Has anyone else noticed something similar when you started with a new employer using eVerify?
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12-26 05:52 PM
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peacocklover
01-25 03:14 PM
I changed my job recently, I'm starting up with new GC application with my new employer as I had passed only 140 stage with my previous GC application of employer and I couldn't get a chance to file my 485. I have 12 plus years of total IT experience. My question is related to the section in the PERM application for my major field of study. I have a Bachelor's degree in civil engineering from good university in India , finished in 1996. My academics and work experience were assessed with US equivalent study and it's evaluated as Bachelor's degree in Computer Information Systems by qualified and expertized education evaluator. My current company lawyer told me that he would mention it as Computer Information Systems in my PERM application. Is it correct to mention in my perm application for my major field of study as Computer Information Systems?
I will greatly appreciate your valuable suggestions.
Thanks
I will greatly appreciate your valuable suggestions.
Thanks
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ravi98
06-25 11:24 AM
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
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vin13
01-24 05:20 PM
I am also in the same boat. Would like to know from others if they received any additonal FP requests after 15 months.
sashram97
09-15 04:23 PM
My husband thinks if he loses his job he would get unemployment and medicaid benefits if we are permanent residents.
Now his job is fine, his insurance is going on good.
But the question is when he loses his job.
Thats why he is worried.
Now his job is fine, his insurance is going on good.
But the question is when he loses his job.
Thats why he is worried.
Dhundhun
04-05 02:32 AM
As such, there is no grace period and it starts counting towards unauthorized stay (US is somewhat liberal for unauthorized stay for up to 180 days). It should be fine getting H1B transferred ASAP.
After 180 day, reentry can be banned for three years. After 1 years reentry can be banned for 10 years.
After 180 day, reentry can be banned for three years. After 1 years reentry can be banned for 10 years.
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