immigration1111
08-12 10:35 PM
Hi,
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
My wife and I applied for the AOS (I-485, EAD and AP for my wife and I-485 for me). I was wondering
1. As to who will receive the receipt number? Will my attornery receive it or will I receive it?
2. Will it be a letter or an email from USCIS?
3. I am the primary applicant. My wife may be offered a permanent position with the company she is working for on a consultant basis. Now the question is - Can she take the offer before her EAD is approved? I mean to say - Can she transfer her H1B processed for the company? Will she have any problem with the AOS application as her paper work (new I797) is changing? We are very confused with this.
Really appreciate your answers!
Thank you very much!
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WAIT_FOR_EVER_GC
10-25 03:13 PM
Go for the long term assignment on L1. Apply for GC in america and live happily. They will or cannot stop your wife to apply for your GC if you are on L1.
You will also have US experience which will help you a lot later.
Untill and Unless you have something else in your mind that you have not mentioned here
I would think you should take up L1.
GC bhi milegal.
US jaldi aaoge.
US experience
Ek teer se teen nishane
Good luck
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
You will also have US experience which will help you a lot later.
Untill and Unless you have something else in your mind that you have not mentioned here
I would think you should take up L1.
GC bhi milegal.
US jaldi aaoge.
US experience
Ek teer se teen nishane
Good luck
Hello,
I am an Indian living and working in Gurgaon, India, and my wife is an American citizen. We're planning to apply for my GC and move to the US sometime next year but an opportunity has come up in my organization allowing me to take up a long-term assignment (on an L1 visa) in the US within the next 3-4 months.
I'm not sure whether it would be better for me to just take a GC right now (in which case, would my organization even have the option to apply for an L1 for me?) or should I take an L1 and go to the US whenever the opportunity materializes and then apply for my GC there?
I'm not sure about the pros and cons of both options and would really appreciate some advice although I shall be thinking about it some more on my own as well.
Thank you.
Regards,
MrZ
ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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gjoe
05-12 09:19 AM
I bought term life insurance for 30 yr term and I am still on H1B. Try these agents at www.matrixdirect.com
more...
yagw
06-13 12:45 AM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
In EAD, you can have as many jobs as you can (using 1099 etc).
DISCLAIMER: I am not an attorney and this is not a legal advice.
GCBy3000
06-22 10:46 AM
We will sit idle and they will sit idle till the PD moves. Once the PD moves, they MIGHT get some 485 applications to process. Since the PD is retrogressed four to five years last year, most of the people with PD till the end of 2003 have already filed 485. The movement of PD until 2003 end will add some 485 to USCIS.
The real fun to watch is when the PD moves beyond Jan'04. The service center will be flooded with 485 applicaitons and the flood will keep on increasing as the dates move. Lots of permutations and combinations are invloved in this scenario.
The real fun to watch is when the PD moves beyond Jan'04. The service center will be flooded with 485 applicaitons and the flood will keep on increasing as the dates move. Lots of permutations and combinations are invloved in this scenario.
more...
TexDBoy
06-01 05:36 PM
Hi all,
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
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raviram1980
01-18 02:31 AM
hi all,
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
I wrote a thread earlier saying I want to withdraw application for my H-1B stamping since it is stuck in admin processing and I will now travel using my AP. I called up the embassy asking them about the procedure and they told me to email at nivnd@state.gov and requesting withdrawing the case. Do I need to explain to them that I want to travel back and I will do it on AP . Also do I need to tell things like I am needed urgently back to join my work.
Please let me know,
Thanks,
Ravi
more...
alucard666
08-11 04:29 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
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bidhanc
04-23 12:38 PM
You might want to be careful abt the Birth Certificate.
I have seen in many forums and even heard from a friend who sponsored his parents with the Original Certificate.
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
I have seen in many forums and even heard from a friend who sponsored his parents with the Original Certificate.
Hi,
I will be sponsoring US visitor's visa for my parents. They will be going to Kolkata consulate for visa interview. I believe my parents need to carry my Birth Certificate along with other documents for the interview. Do they need to carry my original birth certificate or copy of my birth certifcate is fine.
Thanks
Sudipta
more...
Beemar
12-08 08:56 PM
Guess what! Feb 1995 bulletin is also out!!
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
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nag2007
02-21 05:21 PM
You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.
more...
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sledge_hammer
05-05 10:40 AM
See my PM...
anobody? i really need your advice.
anobody? i really need your advice.
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pd_recapturing
05-27 11:17 AM
do we need to send passport size photos along with supporting documets after efiling ?
more...
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Blog Feeds
09-08 09:50 AM
San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
More... (http://www.visalawyerblog.com/2009/09/uscis_issues_extension_of_info.html)
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deba
08-23 04:38 PM
I was told by consulate staff that the PIO card should be endorsed with the new passport # when you renew your foreign passport. I guess if you are traveling with both the old and new passport it should be ok, since they can verify right there. It is also a hassle endorsing the PIO card everytime you renew your passport. If you try to find out from the embassy/consulate ( that itself is a hassle), they will probably try to sell you for an endorsement. I do not know about the fees. I will be surprised if they didn't have one for endorsement.
more...
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Jaime
09-15 12:18 PM
你好 - 华盛顿!
girlfriend Great thread idea m8!
priderock
08-02 04:57 PM
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
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gc_lover
06-27 01:20 PM
Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Yes...you can file. Those are completely seperate process.
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Yes...you can file. Those are completely seperate process.
pbuckeye
01-27 03:50 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
JazzByTheBay
08-01 09:06 PM
... was USCIS stating that "don't wait an extra 30 days... "
Hope I have appropriately satisfied your curiosity. :)
jazz
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
Hope I have appropriately satisfied your curiosity. :)
jazz
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
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