inskrish
10-21 10:47 PM
Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
1. Can I travel and enter on my H1 even if my AP is approved/pending?
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.
Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.
Thanks for all your help!!
1. Can I travel and enter on my H1 even if my AP is approved/pending?
Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.
2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.
3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.
Consulting an attorney is the best option, I believe. Good luck!
Regards,
IK
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WaldenPond
12-31 08:34 AM
--------------------------------------------------------------------------------
As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.
I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
As per the current procedure, we can file I-140 and I-485 at the same time provided I-485 date is current or the date of the category that we fall in is after our PD.
I do not remember the clause after approval of I-140. But it would definitely help lot of us to be able to file I-485 irrespective of the fact if visa number is available or not. As per the current procedure, one can file I-485 and get approved for I-485 only when I-485 number is available. I think this just causes confusion. It will make lot more sense if filing of I-485 is not related to PD even though approval of I-485 may still be linked to PD. Maybe we could include this as one of our agenda.
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nixstor
06-14 11:57 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
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GCard_Dream
08-20 06:49 PM
I received my "Approval Notice Sent" email on Aug 13th and actually received the notice on 16th. However, never received any "Card Production Ordered" email. From your post, it looks like you received the card production email before the "Approval Notice Sent" email. I am just wondering why I didn't receive any card production ordered email.
I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?
The Story Thus far:
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
I would imagine that once the 485 is approved, card production is automatically ordered. Any input guys?
The Story Thus far:
Though I am not an immi guru ( I never knew what was LUD till I started checking this site), but check this site for regular updates, so wanted to share news with others who eagerly waiting for approvals in Aug.
I -485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - Self
I-485 RD: 08/11/07 LUD: 08/03/09 AD: 08/03/09 - spouse
Aug 3: Card Production Ordered email received
Aug 6: Approval Notice Sent email received
Aug 7: Approval Notice Sent received in mail
AP RD: 08/09/07 LUD: 01/02/08 AD: 01/02/08 - Self
AP RD: 08/09/07 LUD: 01/03/08 AD: 01/04/08 - spouse
PD: 03/13/03
I-140 2 (EB2) AD: 05/06/09
EB2 - India / MI / NSC
more...
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vicks_don
12-11 02:21 PM
You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.
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jamesbond007
11-02 01:57 PM
All,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
Definitely congratulations would be in order.
But I hope they do not get questions whose answer can be a simple Yes/No. Rather they ought to be for which he would give some detailed actions: What are you going to do to turn around this economy?
What are you going to do to reduce the wait time for highly skilled immigrants waiting for GC?
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
Definitely congratulations would be in order.
But I hope they do not get questions whose answer can be a simple Yes/No. Rather they ought to be for which he would give some detailed actions: What are you going to do to turn around this economy?
What are you going to do to reduce the wait time for highly skilled immigrants waiting for GC?
more...
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waitingmygc
03-08 12:48 PM
Congrats.
Celebrate your day with Wife and Mom. Happy Women day.
Celebrate your day with Wife and Mom. Happy Women day.
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sudiptasarkar
07-29 05:23 PM
Hi,
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
I entered US using AP on Feb 27 09. My current AP is valid till 17th Oct 09. The date on my I-94 Feb 26 2010. The parole stamp on my passport also has the Feb 26 2010 date. What does the date on the I-94 and parole stamp mean
My question is if I go out of US in early October and want to come back after October 17th (AP expiry date) but before Feb 26 2010 (I-94 date) do I need a new/renewed AP, or can I enter US with my old AP since my parole stamp has Feb 26 date.
Thanks
more...
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desi3933
03-24 08:50 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing something here.
If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.
___________________
Not a legal advice.
am I missing something here.
If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.
___________________
Not a legal advice.
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logiclife
03-28 06:26 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
You have indeed done an amazing job in totally making that diary hopeless.
Kudos to you for doing that and many thanks for defending this community on that site.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
You have indeed done an amazing job in totally making that diary hopeless.
Kudos to you for doing that and many thanks for defending this community on that site.
more...
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ronhira
02-08 08:04 PM
what line?????? this is a standard bullshit line the disingenuous & dishonest leadership of aila has used time and time again..... this is what they say ..... everytime things appear to stall in the congress .... these con artist start saying that ...... highly skilled employment based green cards are suffering..... america is suffering & losing..... so pass the bill for the UNDOCUMENTED...... otherwise innovation will suffer..... it doesn't even make sense .... its total bullshit...... the job of lawyers is to lie..... but did someone say that joseph goebbels is now in the leadership of aila...... because this sounds to more like someone saying ...... if you tell a lie big enough and keep repeating it, people will eventually come to believe it
aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......
aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......
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coopheal
11-03 04:55 PM
I am a regular contributor.
reached $525 and doing $25 from last month onwards.
Thanks nc14
reached $525 and doing $25 from last month onwards.
Thanks nc14
more...
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carbon
05-21 05:41 PM
Immigration Voice has taken a position against the bill in its current form. .
And that is the position of everyone in this country except 20 insider deal senators.
You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.
In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".
Have some dignity man...
But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)
And that is the position of everyone in this country except 20 insider deal senators.
You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.
In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".
Have some dignity man...
But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)
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gcmaya
10-30 08:46 AM
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
more...
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rsharma
10-11 09:42 PM
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.
I was with one of the major consulting companies from my native country.
Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.
I was with one of the major consulting companies from my native country.
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jthomas
05-01 09:40 PM
Hi Guys,
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.
Here is my situation:
- Labor & I 140 cleared: PD Jan 07 EB2
- Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.
- Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
- Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.
- Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?
Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.
Thanks
Amit
Engineer and manager have different Onet codes and responsibilities. I have been promoted to a managerial position in my formal firm but i turned it down.
more...
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jayleno
08-27 03:24 PM
None of the responses can help you unless you state your state. Believe me, I have lived in 7 states till now. I went to the dmv in 4 of them.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
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memyselfandus
04-09 09:23 AM
Check this link it should answer, all of your queries.
http://boards.immigrationportal.com/showthread.php?t=108916
http://boards.immigrationportal.com/showthread.php?t=108916
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fatjoe
10-24 02:20 PM
I was told that, if we do not see any activity for 90 days, then we can contact USCIS to raise a Service Request.
sunnymit
02-17 04:30 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
KKtexas
07-28 11:32 AM
Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?
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