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  • simbasimba
    03-26 01:16 PM
    TO HRPRO: Thanks for your advise, going back to do the formalaties wont be an option, but yes she can go back to apply from over there for a H4, we are planning to send our docs to the embassy so that we can get a marriage certificate from her country, will that help?

    Anyone with a second opinion on my case. Thanks!

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  • foobar2001
    02-02 01:28 AM

    I am one of those cases where no one can get my name right. This time my visa stamp has an FNU against my first name.

    I have a valid SSN, valid California DL and a valid California marriage certificate. The I-797 is not a blanket petition. It has my name as I wish it to be. I used my I-797 to get my DL couple of years back.

    The question is, will the FNU create any problems at the port of entry? Will it create problems when I renew my H1-B later this year?

    How would I enter my name on the I-94? As on the petition or as on the visa?

    Thank you in advance.
    i had the same issue on my visa. There were no problems at port of entry. Also, i used my real first name in every subsequent form in the US (i94, gc application etc), and have not faced any problems...good luck!

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  • fcres
    01-15 01:41 PM
    Is it possible to use spouse's PD ?

    Just to make sure i understand this CFR right Sec. 45. 2 Priority date of applicants. ( d79)

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  • Bezzy
    07-22 09:45 PM
    For EB3 case, after receiving the approval for I 140, I know that we have to wait till DOL Proiority Date is current to be able to file for I485.

    If we decide to receive the green card in any consulars overseas, can we just go ahead and file the I485 after getting the I140 approval? (without waiting for PD to be current)

    Any advice would be appreciated?


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  • supercool
    08-06 02:57 PM
    Hi..I was in a similar situation. Best thing for you to do is File for F2. Make sure you send dependent I-20 issued from your wife's school with your F2 application. Pay slips are only needed for changing status from H1 to F2, in your situation. No payslips are needed when you change status back to H1, because you are on F2 at that time. hope this helps.good luck.

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  • gcwait2007
    12-27 01:47 PM
    Can you please advise your processing center?


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  • eb3_nepa
    05-26 09:59 PM
    I had a VERY SIMILAR question

    In my case it is simple. Current Immigration status and Manner of last entry is both H1B

    In Spouse's case however here is the issue. She has used her EAD and she travelled last year using the AP.

    So this is what I wrote under the 2 questions:

    14) Manner of last entry: "PAROLEE"
    15) Current Immigration Status: "Adjustment Of Status Pending".


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  • delhibaba
    07-24 05:04 PM
    I am about to switch to a new employer using AC21 and would work on EAD. I still have more than 2 years on my current H1B (i.e. I'm on 4th year right now).

    Can I re-use my remaining H1B in case I need to in future? Because in case my I-485 gets a denial (which shouldn't be the case) I would be out of status!

    My case:
    sub-labor, 140 approved, I-485 pending for more than 1 year now.


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  • TexDBoy
    11-22 03:37 PM
    I think
    - For Perm and subsequently I-140, you can only specify employers that are directly relevant to the number of years of experience claimed in labor. The details of the petitioning employer are most relevant and all your past employments should add up to the experience required
    - However, for I-485, which is your application, you have to specify all the employments that you filed taxes for and from whom you received your paystubs (primary/secondary).

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  • gawadejyoti
    03-30 11:01 PM
    I have a same problem..
    I have L1-B visa . my visa and i-94 are expiring on aug-09.

    did you get the solution ..if yes..could you email me on


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  • natrajs
    03-26 10:45 AM

    My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.

    What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?


    Extend H1B also

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  • kaisersose
    04-16 04:58 PM
    RFE - Request for evidence

    Thanks. But my question was what the RFE was? What is the evidence requested by CIS?


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  • ektha123
    12-12 03:41 PM
    some where i read in the forum if we leave the country without the approval of ap our 485 status will be abonded.

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  • visacase
    06-21 04:04 PM
    file it immediately and start working for C. If there is an RFE, it'd take few months by that time you just send ur current pay stubs. INS is generally flexible for a month or so..act fast

    Do you mean start working for company C or D coz I wanna work for company D?


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  • wandmaker
    08-21 11:44 PM
    My PERM for EB3 has been approved on July 2008. My I-140 is pending. 485 has not been submitted yet. I don't have EAD card either. For some reason, I have to change job.

    My question is, if my current employer will not revoke my current I-140 sponsorship, even I have left company, and in case my current I-140 will be approved, can my priority date be carried over?

    Bunch of thanks!!


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  • Krilnon
    10-11 04:40 AM
    You do know that there was actually a kF member named reverendflash ( once, right?

    If not, it's a funny coincidence.


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  • muni_k
    02-25 03:53 PM
    My company filed for PERM in September4,2007.Audited in October.reply was filed first week of November.Still no word on the PERM processing.My H1B visa expires June 30,2008.I have spent app. 7 weeks out of USA in the last six years.if I take a 3 week vacation out of the country can I extend my h1b visa to say September 15,2008(it will be 10 weeks total).And then be eligible for the 365 day rule for H1b extension.please reply.don't see too many options right now.

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  • satishku_2000
    09-22 12:37 AM

    My pending I-140 (filed an year ago...June 2006) was transferred from TSC to NSC on 09/05/2007, because my I-485 was filed with NSC. What date willl NSC use as received date to process my case...the date they received from TSC or the original receipt date?

    Isn't it(140 filed at TSC almost an year ago) supposed to be certified by now?
    TSC has been much faster at certifying 140s . Looks like USCIS is transferrring the 140s from TSC ... I can only pray for alll concurrent fileres that filed at TSC ...

    140s at NSC are almost taking an year according to latest processing times.

    Just curious did you have an RFE?

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  • suny_saini
    08-05 12:18 AM
    My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

    REF: (A) 02 STATE 163054 (B) 02 STATE 123775


    If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485


    WHAT IS the way out?

    07-12 03:07 PM
    Is it true that labor approval has a six months expiration date on it after which it'll expire. My lawyer has communicated this to me.


    June 14th, 2005, 06:17 PM
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