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    • sounakc
    05-25 06:07 AM
    I am filing for I-485 for my wife based on my approved I-140 and pending I-485 (EB2). Under part 2 which option i should chose for her.

    Thanks

    Sounak



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    • amsgc
    06-13 09:14 PM
    Hi,

    Thanks FactoryMan. I had a similar question. My thought is that if the spouse is a dependent, then it shouldn't matter what status s/he is, as long is it is legal.

    The next question is, suppose we apply for EAD, but the spouse's current student status expires before receiving the EAD, do they fall out of status?

    Thanks,
    Ams



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    June 25th, 2005, 01:23 PM
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    How long will take to transfer visa from AAA to BBB [Archive] - Immigration Voice
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    • sapking
    11-30 09:49 PM
    What was your attorney's response, for your question?


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    • fall1998
    05-18 12:06 PM
    Yepp, many companies have regulation not to release copy of I-140 to applicant unless applicant is leaving them.



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    • theOne
    07-23 05:51 PM
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    • sk.aggarwal
    04-10 02:44 PM
    I work for a TARP employer and my H1 extension is due on April 30th. I was able to get all the required approvals for the extension last month but immigration firm is not able to file H1 petition as drafted.

    They are saying that my orignal H1 was for one legal entity (CORP) and I was working/getting paid by another(BANK NA) (I verified this from orignal H1 petition and W2s). HR and immigration firm are silent on how/why this happened. Now the issue if they do my extension under BANK NA TARP rules will be applied as entities are changing. They are not comfortable doing it for CORP becuase I am not working for it. Just spoke with HR and they are saying that they are looking at the options and what to do next. Not a definate answer will they file and if so under which legal entity?

    Can any of the gurus please suggest me what do to? Should I start looking for another job with a consulting company and will even a H1 transfer be possible due to this mess. I am just soo tensed, we are expecting a baby anytime next week and hate this mess.



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    • glus
    04-18 12:20 PM
    If one applied for his I-485 before the H-4 visa was expired, then not a problem. The minor could obtain a new h-4 visa stamp overseas. He / she should take AP with her / him just in case they can't issue a visa for any reason.
    Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.


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    • aranya
    06-01 04:10 PM
    It is very possible that my question might have already been answered in the past but after searching through many forums, I could not find a direct answer.

    Here�s my situation:
    Category: EB2
    PERM approved.
    I 140 approved.
    PD � Dec 2007.
    H1-B status: 6 yrs expiring Sep 10. Filed for 3 yr extension.

    I have an excellent chance of a promotion to a managerial level position. I am seriously considering abandoning my current GC process, accept the managerial position and reapplying for a new H1-B and GC.

    Questions:
    1. Will I need a new H1-B? If so, for how many years will I get it?
    2. When I apply for a new PERM, will PD of Dec 2007 still be valid?

    Thanks.

    1. You will need a new H1-B with a new LCA appropriate duties and responsibilities, wages etc.

    2. Yes. You can retain the old PD with the I-140. Take care to note that that you are not applying for the PERM but your company will be and your company may or may not find qualified citizens/permanent residents. You do not and should not control the recruitment process.



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    • ImmInd
    01-12 10:13 AM
    My H1B Extn is pending at VSC since Nov 2008 and have same issue from day one. Looks like, some issues for some service centre applications via online.


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    • Blog Feeds
    06-15 09:20 AM
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    • dealsnet
    05-02 04:50 PM
    You must get paid by your H1B employer. Middle or another middle is not valid on the face of the law. You cannot ask any one other than your employer for pay also. If you didn't get your salary, file a complaint agaist your employer with the labor department. Do not mention about any entity other than your employer. You have no right to interfare into company matters.

    Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.


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    • jim
    06-21 05:17 PM
    Your Employer letter should be sufficient to support your wife from your employer,u don't need any other stuff,you can also tell your attorney about the form I-134 for Affadavit for support thats all you need,everything should be ok,don't worry be happy.



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    • magazine
    09-28 04:56 PM
    We are a canadian family who moved to the US about 10 years ago. We are US permanent residents; all have green cards. My husband lost his job in the US last month and we are currently staying with family in Canada until my husband gets another job. But this other job may be in Canada or in the US again. Until he gets an answer and we relocate, we would like to put our children in school so they don't fall behind by the time we get to our next destination - which could be about another month or so. If we place our children in canadian schools until then, will this jeopordize our green card or status?


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    • kirupa
    03-27 12:46 AM
    It isn't showing up in IE for me, but it does show up in Firefox. It must be some JPG setting?



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    • waiting4gc02
    01-18 11:26 AM
    I also hace approved I-140.

    So Chicago_Desi, how much extra do we pay for that..??


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    • atiq4
    10-07 04:35 PM
    First time I applied Labor Certification (LC) in 2004(pending, not approved or denied) and second time I applied on PERM without porting the first Labor application date with same company, same catagory(EB3) and same job description which approved with PD Feb 2006. I applied 485 on july last year when all PD were current.

    Question: Can I port my PD from the first Labor application date now.



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    • DSLStart
    01-18 12:09 PM
    She can stay as long as she wants, but it is finally up to the port of entry officer to decide to let her in or not depending on reason for staying outside (while 485 is pending) is valid or not. After all AP is supposed to be used only for emergency situations.

    Can wife stay in India for more than 6 months while 485 is pending?

    What she have now is an approved AP till 2009 december.

    thanks
    achu.



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    • Ann Ruben
    08-06 08:51 PM
    This should nt have any impact on your wife's AOS application.

    However, for peace of mind, you can have CBP corect the error. This is easily done by contacting the nearest CBP deferred inspection site. Go to https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0"]https://help.cbp.gov/app/answers/detail/a_id/818/p/0/c/0[/URL to find contact information.



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    June 14th, 2005, 06:17 PM
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    cygent
    08-01 05:42 PM
    Moderator, Please close this thread. There is enough info. on the forums, no need to be so selfish.


    Posted by osvajsof at 2:15 PM

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