waiting4gc
09-11 07:56 PM
Murali,
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
Your India visit should not affect your gc. I know of several people who have gone out of the country after filing 485 (even without getting receipt). In one scenario, someone's application reached on 2nd and left the country on 3rd (with lawyer's approval). Ideally, you should wait for EAD/AP but according to my lawyer, it is ok to go out as long as you have a valid H1 stamp which allows you to reenter.
The only thing I can think of that can be impacted is your fingerprinting. If you get a notice while you are gone and don't return before the due date, your case will be considered abandoned (it is noted on the fingerprint receipt). To avoid this, inform your lawyer when you leave. They too get a copy of fingerprinting notice and can get it postponed for you if you are out of the country. Also make sure your mail is picked up regularly just in case USCIS tries to mail you some letter/EAD.
As always, check with your lawyer to get final opinion as your case is best known to him/her only.
My 2 cents, hope it helps.
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gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
pragir
07-19 10:30 PM
I am in the same boat. My wife 485 just got filed with me as dependent so I am holding off on sending mine in. I read that this is a very gray area, and at least fragomen claims that they have had cases in which both 485 applications were rejected because of this dual filing.
Check with a lawyer before you do anything.
Check with a lawyer before you do anything.
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bugmenot
11-17 01:39 PM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
more...
bathuzp
12-09 04:21 PM
thank you very much for your reply.
I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
Thanks
I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
Thanks
austingc
04-29 05:45 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
more...
memyselfandus
10-14 10:00 AM
:(. There is no way she can leave. You can try to expedite using various channels discussed in the forum.
In certain cases, they do expedite things; specially in cases of family emergencies excluding marriages.
In certain cases, they do expedite things; specially in cases of family emergencies excluding marriages.
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ksvreg
04-06 01:57 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
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inspectorfox
08-17 03:46 PM
Don't tell me you got one for this!
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Cheran
04-14 05:24 AM
This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
more...
GCchaos
10-27 09:08 AM
That's the most surprising part:-).
Probably they need to validate my H4(my current status in US) based on his
H1 validity.
But thank God,my woes r over now,as I got my approval today.
But the applying for SSN woes r going to begin soon.
Thanks for ur replies.
Regards,
Kiran.
Probably they need to validate my H4(my current status in US) based on his
H1 validity.
But thank God,my woes r over now,as I got my approval today.
But the applying for SSN woes r going to begin soon.
Thanks for ur replies.
Regards,
Kiran.
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saravanaraj.sathya
08-22 05:55 PM
You ve 2 options:
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
a. Apply COS from H1 to L1 an H4 to L2. But I am not sure whether you can revert back to H1 at a later date.
b. Exit USA an re-enter using valid L1/L2 visa.
I am in a very Bad situation it seems, please help.
I am working in US on L1B visa and Wife on L2. then Wife got a Job and her employer filled her 485.
In the mean time I applied for H1 (through a consultant, to get out of the L1B company). Looks like the H1 Got Approved. Now, I think the problem is, If I switch to H1, then she will loose her job and our chance of Getting EAD will go.
I do NOT want to go for H1, but EAD Is important to me. Is there a Way I can keep my L1? (so that my wife can keep her job)
Please help
more...
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PD_Dec2002
08-16 07:04 PM
Dear All,
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
If you missed this time around, you can apply 485 for your wife only when your PD becomes current. Your wife will have to continue working on her H-1B since EAD isn't an option anymore.
Just curious: what paperwork was missing as a result of which you missed this boat? I hope it wasn't trivial in the grand scheme of things.
Thanks,
Jayant
I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!
Now how should i proceed?? My wife is on H1-B currently. Any ideas??
My priority date is 25 jan 05 - eb2.
Thanks,
KK.
If you missed this time around, you can apply 485 for your wife only when your PD becomes current. Your wife will have to continue working on her H-1B since EAD isn't an option anymore.
Just curious: what paperwork was missing as a result of which you missed this boat? I hope it wasn't trivial in the grand scheme of things.
Thanks,
Jayant
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chintu25
08-16 01:42 PM
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01-18 12:12 PM
Thanks ! Bumping as a reminder.
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gcnirvana
06-03 08:29 PM
I e-filed yesterday and the address came as USCIS Nebraska Service Center, as expected. My 485 is pending there and my previous EAD was also from NSC.
Where was your last EAD and 485 applied and processed at?
Hello All
Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?
Please share your experience. Is there any thing to worry in this case?
- ms
Where was your last EAD and 485 applied and processed at?
Hello All
Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?
Please share your experience. Is there any thing to worry in this case?
- ms
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edaltsis
08-19 01:44 PM
Have to live at the mercy. My last 2 EAD renewals were very quick, I got them both in 10-15days after I applied.
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IV2007
06-18 07:08 AM
My wife's name was changed when we got married in the passport to add my name as her last name.
This is not reflected on her birth certificate.
I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...
Urgent reply..
Thanks
shree
This is not reflected on her birth certificate.
I am planning on taking 2 affadavits. But I don't have a format for this special case.. Is there any one who has gone thru this ? Also pls provide me with the format...
Urgent reply..
Thanks
shree
singhsa3
02-09 08:30 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
intelarv
07-29 06:16 PM
Thnx...
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