Anne Hathaway Catwoman

Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

Thanks for your reply. It helps understand the process.

The concept of dual intent (http://en.wikipedia.org/wiki/Dual_intent) exists, it just gets confusing, that is all.

There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.

No problem :)

thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.

Thank you..


Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.

Nothing would change. If any, it'd be for better I guess.

So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

just one more Qn:
My L1 ends Sep 3rd week.
If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
those 14 days out-of-status : How bad is it ?

thanks.

Dear Sabeesh,

Although I'm not a lawyer, I will respond based on my knowledge and my own case.

1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

2) You will only be able to enter the US with the latest visa stamped on your passport.

3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

Regards.

If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?

Thanks.

--H1-B Case History--

(2) passport coming to expiration on March, 2009


You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)

Always, discuss with an immigration lawyer first.

Oh, I gotcha.... your a dead head. Did you decorate a cake like that? (I believe that was the pic in the Tell Us thread)?

It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

I have started the following thread

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

I am fine with any of the above.

Hello,

I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

Thanks!

Hi fellow IVians from the 'Heart of Dixie',

Birmingham is at an equal distant from Montgomery as well as from Huntsville if I am correct. Willing to travel from Auburn to Birmingham for a state chapter meeting if it is convened.

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Case received and pending.

On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

Thanks in advance.

I think this is an error on USCIS side, so I would suggest you to contact CS and have this corrected. on the other hand I'm not sure if this will make any difference as long as your PD and RD on your receipt notice is intact.

Thanks guys...

btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .

"On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

Trust the USCIS to make everything complicated!

Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.

If you have AAA membership, try them, they do it for free for 1 set typically.
You may have to go in the hours stipulated by them.

AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)

Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.

Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.

Good to hear that you got your approval. Very few people come back and give update about their case. Thanks for updating IV about the final result.

Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.

Here is the link - Visa Bulletin for August 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4539.html)

Cuba isn't the only communist nation.

The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.

To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D

There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

Hello,

I have a question regarding my employment & H1B.

I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.

So I have applied for H1B transfer last week with company "B"

I got a call today from company "A" offering me a job.

Is it possible for me to work with company "A", while my application for H1B transfer is pending?

I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation

Any help in this matter will be greatly appreciated.

Thanks

Dear "colleagues in faith" :-) There is a rule in life - if you want something and beg for it, you most probably will not get it. You have to fight and find a (legal) way to get it. This is the way the American Anglo-Saxon population mixed with smart Jews and other hard working nations achieved economical and political power over the last centuries. Not by begging for rights and being scared of people with different opinion.

These people who are against the uncontrolled immigration have their point. This process has to be controlled or the USA would become just another "developing" country. However, we are talking about something else. We are talking about rules set by the US government. When most of us came in this country years ago, we knew the rules and we expected those rules to be followed. If a government agency keeps my LC certification for years without processing it and even without indicating when it would be processed, then the government is not following those rules. And it is my right to know why is that. If I honestly pay my taxes and follow the laws of this country, I expect the government of the very same country to fulfill its obligations to me and (in particular) to process my application in a reasonable time and by following the current laws. If I do not qualify - OK, I will "pack back". But I want to know that, not to be kept in the dark.

This is what should be the main goal of the "volunteers" of this forum or organization (whatever) - fairness and following the rules by the government. If the immigration agency is a bunch of people incapable to sort out their problems, then they have to be replaced and problems solved quickly and efficiently. Excuses like "no money, understaffing" do not work because we throw $$$ in lawyers laps - part of this money can be easily used by the government for "overstaffing".

I see that some people got annoyed of my opinion but again, they should not forget that the issue we discuss concerns 350,000 highly qualified professionals who support the economy of this country. The opponents from numbersusa etc do not represent all Americans and most people are not against this king of immigration, if properly regulated. They just have to be properly informed.

In addition, do not be afraid to voice your opinion if you think you are right and if you do not hide something. Then people will respect you.