kondur_007
08-19 11:01 AM
Hi,
I am a dependent of my parents who are currently staying in the U.S. with E-2 Visa. We have stayed in the U.S. for almost 9 years now and we are trying to get a Green Card.
My parents have already filed and received an approved I-140, but my parents say that we have to wait couple years before being able to file I-485.
I don't quite understand why there is a delay between receiving an approved I-140 and filing I-485.
It seems like everybody either files both I-140 and I-485 concurrently or file I-485 immediately after I-140 is approved.
So, my question is: Is there usually a span of time that applicants must wait before filing I-485 after getting their I-140 approved?
Thanks a bunch,
--HJ
To understand this, go through this forum and look for words or forums named "retrogression of visa numbers" and "priority date". You will find your answer.
I am a dependent of my parents who are currently staying in the U.S. with E-2 Visa. We have stayed in the U.S. for almost 9 years now and we are trying to get a Green Card.
My parents have already filed and received an approved I-140, but my parents say that we have to wait couple years before being able to file I-485.
I don't quite understand why there is a delay between receiving an approved I-140 and filing I-485.
It seems like everybody either files both I-140 and I-485 concurrently or file I-485 immediately after I-140 is approved.
So, my question is: Is there usually a span of time that applicants must wait before filing I-485 after getting their I-140 approved?
Thanks a bunch,
--HJ
To understand this, go through this forum and look for words or forums named "retrogression of visa numbers" and "priority date". You will find your answer.
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ssharma
06-30 05:06 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
redgreen
11-03 05:30 PM
You can walk-in and get FP done without any problems. I did it 2 weeks before the specified date (at another location) when I went there to the Boston office to accompany another person. Just showed the FP notice (for a different location) and they didn't ask anything.
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Blog Feeds
09-07 07:00 PM
What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
more...
sangmami
06-13 08:24 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
pcjandyala
07-21 11:12 PM
Hi
Your application and your wife applications are different though she applied as dependent on your application both I-485 applications are treated separately.
So you will be on H1 though your wife uses her EAD. My friend is also in the same status and he is waiting for an answer from an attorney. I would update here once he hear back from attorney.
Thanks
Your application and your wife applications are different though she applied as dependent on your application both I-485 applications are treated separately.
So you will be on H1 though your wife uses her EAD. My friend is also in the same status and he is waiting for an answer from an attorney. I would update here once he hear back from attorney.
Thanks
more...
eb3retro
11-05 05:18 PM
if you have applied in NSC, if you are not pushing it to move (through expedite SR or through local congressman etc), prepare to wait for close 120+ days. I am not kidding.
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
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INSpector
08-18 06:44 AM
MIne was updated 2 days later, be patient
more...
pravino
05-27 05:24 PM
Hi,
I am in the same state as you are. My H4 expires by sept4,2010 and my H1 starts from Oct1,2010. I have filed for H4 extension to avoid out of status.What are you upto now? Can you travel when H4 extension is filed? any reply?
I am in the same state as you are. My H4 expires by sept4,2010 and my H1 starts from Oct1,2010. I have filed for H4 extension to avoid out of status.What are you upto now? Can you travel when H4 extension is filed? any reply?
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fatboysam
02-12 05:18 PM
I am on h1b with a PD of JAN 2009 and I140 approved, i am changing a job, what is the procedure of I140 transfer ???
Thanks
Thanks
more...
admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
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waitforgc2009
09-15 06:01 PM
I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
more...
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obviously
07-27 07:05 AM
The Office of the Ombudsman is usually best addressed through 'non named' communication. By nature of the profession, Ombudsmen as neutral third parties and hence influence greater effects without direct name association. This is a technicality in the ADR/mediation profession.
For those who'd be more comfortable addressing Mr. , by all means no harm, no foul.
In any case, the Office of the Ombudsman in this can can be a POWERFUL resource because it can enable the Govt and USCIS Officials to take corrective action and place motivation on the Ombudsman instead of themselves. Thats how most bureaucracies work, find the person to pin the tail on and play the game.
For those who'd be more comfortable addressing Mr. , by all means no harm, no foul.
In any case, the Office of the Ombudsman in this can can be a POWERFUL resource because it can enable the Govt and USCIS Officials to take corrective action and place motivation on the Ombudsman instead of themselves. Thats how most bureaucracies work, find the person to pin the tail on and play the game.
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xZeRo23
06-21 06:54 PM
What is that animal?! O.o
more...
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sachya
08-13 08:31 PM
I am posting this on behalf of my cousin who is stuck in India pending stamping. He went to Mumbai consulate for H1 B stamping on Apr 29th. He was asked for further evidence about his employer and his employer's payroll details for all employees etc. After much confusion created by the consulate, the details were provided by his employer and by him (sealed copies) as well. He has visited the consulate 3 times and VFS office couple of times and was told your passport will be returned in couple of days but till date he has not received it.
He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,
1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
5. After asking for my passport back will it affect the renewal of my travel document (AP)?
Thanks a lot!
He also has his AOS application pending with USCIS with his wife as the primary applicant. He has a valid EAD card and AP (which needs renewal). It's been a really long time he had to spend away from his family. He has certain questions he would like to get clarified,
1. How long can it take for 221g pending case to clear? I have submitted my passport to consulate on 10th Jun.
2. Can I write consulate a hand written mail (not an email) asking for passport saying that I want to travel on travel doc as I'm away from my wife for 8,9 months.
3. Can I ask consulate to return my passport without H1 stamping for renewal of Travel Document (AP)?
4. Can I travel on my travel doc (AP) after asking my passport back without any problem at the port of entry?
5. After asking for my passport back will it affect the renewal of my travel document (AP)?
Thanks a lot!
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kshitijnt
04-30 01:14 PM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
Thanks in advance.
does not hurt to get a new one.
Thanks in advance.
does not hurt to get a new one.
more...
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h1bjava
03-13 05:11 PM
Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
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bottlemani
11-20 01:37 PM
Thanks qplearn and pappu. Folks in NY, please join the NY state chapter thread.
hairstyles 6 Beautiful German Shepherd
venky321
08-16 12:36 PM
Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)
From Murthy law firm.
MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)
From Murthy law firm.
MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)
askreddy
07-26 02:34 PM
H
Even I changed my address last month. No RFE.
Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.
Thanks
Even I changed my address last month. No RFE.
Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.
Thanks
bsbawa10
03-11 09:30 PM
I have filed for the position for "Progammer Analyst " in company A. I applied for I485 after I140 approval and it has been more than 180 days. I work for company B but in totally different position(unrelated to programmer analyst).
I just got a job of "Programmer cum Instructor" from company C who is transferring my H1. I do not know if I can invoke Ac21 or not. In case yes, then I think I will never have to join company A. Am I right ?
I just got a job of "Programmer cum Instructor" from company C who is transferring my H1. I do not know if I can invoke Ac21 or not. In case yes, then I think I will never have to join company A. Am I right ?
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