the_immigrant
01-26 04:36 PM
Hello - I have a unique situation. I'm currently in the US on H1B, and my fiance is in India working for a reputed software company. We are planning to get married by end of April.
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
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gcwait2007
06-23 11:33 PM
Here is the USCIS official URL page/ press release:
http://www.uscis.gov/files/article/premproc_22jun09.pdf
http://www.uscis.gov/files/article/premproc_22jun09.pdf
annieo
10-17 08:37 PM
Hi Guys
I went to local USCIS office today and asked about my case status. My I-485 was filled on 08Feb07 in EB2 category. A lot of people who have fillled I-485 after me, have already received green cards.
The Immigration lady was very nice and she told me that my case can not be approved as my name check is still pending with FBI. The name check was initiated on 24Feb07. She created a service ticket for me providing a target date of middle of next month. The ticket said that "Please approve asap after getting clearance from FBI". I do not know what does that mean? Still trying to figure out???
Then I asked about name check status of my dependants. She mentioned that their name check has been resolved which is different from cleared. She created a different SR for my dependants requesting Approval of Green cards as name check has been resolved again giving me mid of next month as target date. Does it mean that my depandants can get approval before my approval?
Gurus Any idea what should I expect. Do I need to continue to follow up with FBI and senators regarding my name check and collecting information for case file?
Regards
AnnieO
I went to local USCIS office today and asked about my case status. My I-485 was filled on 08Feb07 in EB2 category. A lot of people who have fillled I-485 after me, have already received green cards.
The Immigration lady was very nice and she told me that my case can not be approved as my name check is still pending with FBI. The name check was initiated on 24Feb07. She created a service ticket for me providing a target date of middle of next month. The ticket said that "Please approve asap after getting clearance from FBI". I do not know what does that mean? Still trying to figure out???
Then I asked about name check status of my dependants. She mentioned that their name check has been resolved which is different from cleared. She created a different SR for my dependants requesting Approval of Green cards as name check has been resolved again giving me mid of next month as target date. Does it mean that my depandants can get approval before my approval?
Gurus Any idea what should I expect. Do I need to continue to follow up with FBI and senators regarding my name check and collecting information for case file?
Regards
AnnieO
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marcom10
04-23 12:49 PM
LOL..ight kirupa. Thanks for the compliment~!.....
later
later
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lg123
12-25 12:05 PM
Hi,
I have worked in the US for 3 months (april, may and june) on H1b visa and still haven't got my pay stubs. Recently I came to India for my marriage and after marriage, I want to go to US on L2 visa (my fiance is on L1 visa). While trying to go to US on L2 visa, will I be asked to produce my previous pay stubs? Also when I asked my employer to give my pay stubs he said he had lost them and said instead of pay stubs I can have W2 which will be the proof that I have worked. Will the W2 be enough or I need the pay stubs? Please someone clarify my doubts.
Thanks.
I have worked in the US for 3 months (april, may and june) on H1b visa and still haven't got my pay stubs. Recently I came to India for my marriage and after marriage, I want to go to US on L2 visa (my fiance is on L1 visa). While trying to go to US on L2 visa, will I be asked to produce my previous pay stubs? Also when I asked my employer to give my pay stubs he said he had lost them and said instead of pay stubs I can have W2 which will be the proof that I have worked. Will the W2 be enough or I need the pay stubs? Please someone clarify my doubts.
Thanks.
xela
04-06 05:34 PM
I have 2 questions:
While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?
secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
I know there is some humanitarian things at uscis would those apply to me and can i make use of those?
Thanks!
While i did apply for my green card i never applied for the EAD since i thought my job was realtively safe. Now if i do get laid off since i am still on H1B what consequences does this have and can i switch to EAD without being illegal?
secondly i was raped a while back while on a trip for work in the us. I still suffer from PTST and other things because of this, is there any help withregard to my legal status?
I know there is some humanitarian things at uscis would those apply to me and can i make use of those?
Thanks!
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happynappin
04-24 10:12 PM
Hi, i'm gonna explain my situation.
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
I came to the states on december with a J-1 Visa for the purpose of work and travel program, i've got a ds-2019, my I-94 is with D/S, and i got a SSN card with the "only valid for work with dhs authorization", also i dont have the 2 year residence requirement on the J-1 visa so i don't need to get a waiver for appliying to AOS. I was working in colorado for 3 1/2 months and my visa expired on march 30. I was supposed to go back to my country (peru) but then i went to texas to see my girlfriend that i haven't seen in a year, and we decided to get married, which we just did a week ago. She's a permanent resident, living her for like 5 years or so, but not a citizen.
The thing is that neither of us have so much money to fill the papers (she just got a new job after a couple months unemployed :( ), she's still living with her parents, and i dont have a job anymore cause my visa already expired so i decided to move to florida with my cousin (i've just got here yesterday), so at least i don't have to pay rent and he can help me a little. So we're both triyin to make some money to make this happen.
The thing is that, i know that working out of status is illegal. Right now our plan is to get money for her to get her citizenship, move together, and then apply for my AOS, work permit and everything. But right now i need to work. My question is, if i work with my current ssn, which i'm not allowed to, will USCIS forgive that when we apply for AOS? I have explained my situation to some people here, and they're willing to give me a job with my current ssn but i dont know if i should take it or not. Can i then argument that it was for getting the money to become legal or something. We haven't applied for aos now cause, affidavit of support (we dont have money he).
Well at least we're happily married and had a good honey moon in Austin, i'm missing her thought :(
Please comment and try to give me some ideas here.
Thanks
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mrdelhiite
07-23 02:38 PM
I have an approved I-140 from my previous employer. Is there anyway, I can expedite my labor certification, I-140 approval and I-485 through my new employer on the basis of the previous approvals? I have a PD of jan'04. I know I retain my PD due to the I-140 but I wanted to know if there is anyway to not wait for the time it takes to get approval on LC and I-140.
no labor is position dependent not person dependent. You cannot make it go faster based on earlier 140.
-M
no labor is position dependent not person dependent. You cannot make it go faster based on earlier 140.
-M
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footballfan_kb
01-17 01:55 PM
Has anyone been able to call USCIS premium processing toll free number today and talk to an Officer. I have been unable to get to an Officer today but was able to talk before. I am wondering whether there is a limit on how many times you can call(I have called 3 times so far in 10 days) or if you can't call after so many days have passed after your application is approved.
I have been contacting to get my priority date corrected on I-140 approval. Please respond if anyone has information
I have been contacting to get my priority date corrected on I-140 approval. Please respond if anyone has information
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samcam
05-24 11:46 AM
As of now we have 3997 members and 111 guests. We need 3 more guests to register so that we can reach the milestone of 4000 members...
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morchu
05-18 11:58 AM
True up to some extent. When filing AOS, you still "intent" to join for the exact same employment (including location), as specified in your LC. You are NOT required to take that exact employment "at the time" of filing AOS. What is required "at the time of filing AOS" is to have a legitimate intention to take that exact employment upon GC. By joining for that exact employment from anytime now, will actually help in proving the "legitimacy" of your intention (but not "required").
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
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Mahatma
08-21 08:52 PM
Dear lazycis,
Thanks a lot! You are always on top of things.
What a contrast? You are not lazy at all!
Have a great weekend.
Thanks a lot! You are always on top of things.
What a contrast? You are not lazy at all!
Have a great weekend.
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hellomms
05-27 01:18 AM
Does your company have a lawyer?
I think it might be worth getting one BUT audits are pretty common these days.
I think it might be worth getting one BUT audits are pretty common these days.
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applejelly
11-18 09:42 AM
wow, thanks man :D
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dealguy007
06-02 04:25 PM
From the day your current one expires.
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number30
04-21 11:49 AM
I am married to GC holder who is becoming USC on April 30. so i am sending my AOS application on May 1. Dont you think i am still in status since my H1b extension petition is pending????
h1bdudue1
Yes you are in Status assuming that your H1 will be approved.
h1bdudue1
Yes you are in Status assuming that your H1 will be approved.
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makeup conversation starters.
wandmaker
05-27 04:26 AM
Hi,
Thanks for the reply. But I guess I didnt frame my query properly. What I intended to ask was if the couple going to be married on a date x can fill up the forms online before wedding for an appointment on a date after their wedding?
Thanks again!
You can fillup forms online before wedding date but appointment date should fall after your wedding date.
Thanks for the reply. But I guess I didnt frame my query properly. What I intended to ask was if the couple going to be married on a date x can fill up the forms online before wedding for an appointment on a date after their wedding?
Thanks again!
You can fillup forms online before wedding date but appointment date should fall after your wedding date.
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danctbi
08-18 01:54 PM
Thanks Raj for the immediate reply.
But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.
Thanks
But just in case if I want to have all my I - 94s where can I get them. Just in case if I have missed them.
Thanks
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Saralayar
03-14 07:47 PM
My 140 (filed concurrently with 485) was approved on Aug 17th. Ever since 08/17 I have been seeing LUD's on it everyday. In fact there was a LUP on 08/19 Sunday! Any ideas what's happening? I think something is going in CIS.
I got a LUD on my November 2005 approved I 140 on 03/13/08. My I 485 reciept date is August 7th, 2007. I got all reciepts, EAD and FP notices. I am in EB3 category. Need to know why LUD on I 140. :confused:
I got a LUD on my November 2005 approved I 140 on 03/13/08. My I 485 reciept date is August 7th, 2007. I got all reciepts, EAD and FP notices. I am in EB3 category. Need to know why LUD on I 140. :confused:
EBX-Man
06-01 10:08 AM
When someone says it is ok, it sure is a relief but just for clarification, what is the asnwer to be given by someone is the same situation at the POE when asked whether he is working for the GC filing company or not
nigel_g
February 18th, 2005, 02:38 AM
The storage silo (that modern building in the center of the photo) seems a little out of place. Also, on my display the contrast doesn't seem great - the colours seem a little flat.
What was the coffee like? :)
What was the coffee like? :)
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