indianabacklog
03-22 11:22 PM
Hello everybody ! I am 22 years old. My parents had applied for GC under the employment based category. I, unfortunately, aged out before my parents applied I-140 because of the stupid backlogs. So I aged out even before an I-140 was filed. I was reading the Child protection act info and could not understand if I will be "automatically classified to the appropriate category" for GC which is Family 2B and retain my "original PD." Does this apply to me as I had not even filed I-140 when I aged out ? My parent's PD is Oct 2000 so does this mean I am under Family 2B with Oct 2000 PD ?? Please help me out. I am sure many of you with sons/daughters that are in a similar situation. Thanks
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
My son also aged out before my I140 was filed. I was told that he would not be able to keep the same priority date and it would be fixed by the date when I could apply for his family based application. So, if I were to file an I130 next week his priority date would be March 2008.
In order for the priority date to be fixed at the point when labor certification was applied for the I140 would have to be submitted before his 21st birthday and be approved within a time period that could be deducted from his age at time of approval, making him under 21 at that time.
The child status protection act is pretty useless to children in your position or my son's since the big delay occurred in the labor cert stage.
If however, you can find a different interpretation of this situation feel free to send me a personal message and I will follow through as well.
There are a number of members in IV whose children aged out so while this is not a prevalent subject matter it is one that affects more people than you might realize.
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yogi13
06-28 10:42 AM
Thanks for taking time to answer my query. I have other problem so I am confused about this fact. My spouse's name is correct on passport. but her mother's surname has spelling mistake.All other details are correct. We were not aware of the fact till now. Now we are in the process of applying for I485.
So I am worried about all this. If I take affidavit, it will work?
Thank you
So I am worried about all this. If I take affidavit, it will work?
Thank you
flipflop
08-28 01:39 PM
I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.
Can somebody else in this situation confirm this?
This should be quite a common issue.
Can somebody else in this situation confirm this?
This should be quite a common issue.
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ttdam
10-22 03:38 PM
I got the receipt #s from back of the checks.
EAD & AP pending with VSC, 485 transferred back to TSC
EAD & AP pending with VSC, 485 transferred back to TSC
more...
vikramy
06-10 12:17 PM
Hi,
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.
Can i find other company and file a different H1 transfer based on my old company valid H1?
Please Advice.
TomPlate
10-03 06:59 PM
I filed i485 after my i140 approved. But my company was sold to an other company. Till my company didn't file i140 amendment.
Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.
what may be the problems.
Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.
what may be the problems.
more...
Rsamuga
08-11 04:08 PM
Hi-
My H1 visa is getting expired in Sep'08 and I will be going to to India during Nov'08 for my wedding, followed by my H1 Visa stamping/H4 for my wife at Chennai Consulate.
My question is, in a normal scenario how long does it takes for the H4 dependent Visa approval/Passport Issue ? Does it differs from each of the consulate office in India ??
Because I heard from some of my friends, that lately the US consulate in India does the back ground checking for the dependent visa(H4) and it
takes minimum of 4 weeks of time to approve the VISA and send it to you.
As I don't have vacation and need to report to the client, I am planning to return to US with in 3 weeks from the date of marriage.
Would it be possible to get mine & my wife's visa before 3.5 weeks of time ??
Lately, if anyone of you have gone through this kind of scenario, please update me on this. I truly appreciate it.
Thanks
Sam
My H1 visa is getting expired in Sep'08 and I will be going to to India during Nov'08 for my wedding, followed by my H1 Visa stamping/H4 for my wife at Chennai Consulate.
My question is, in a normal scenario how long does it takes for the H4 dependent Visa approval/Passport Issue ? Does it differs from each of the consulate office in India ??
Because I heard from some of my friends, that lately the US consulate in India does the back ground checking for the dependent visa(H4) and it
takes minimum of 4 weeks of time to approve the VISA and send it to you.
As I don't have vacation and need to report to the client, I am planning to return to US with in 3 weeks from the date of marriage.
Would it be possible to get mine & my wife's visa before 3.5 weeks of time ??
Lately, if anyone of you have gone through this kind of scenario, please update me on this. I truly appreciate it.
Thanks
Sam
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MrWaitingGC
09-07 07:38 PM
There is no time limit of out of status.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
Once you are out of a company you are out of status.
So make sure Company B at least files your case before 15th.
more...
ysnraju
12-17 07:30 PM
My PD also wrong. for almost last 2 months I am trying DOL through My attorney That includes so far 8 fax letters requesting the same but no results sofar
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austingc
05-03 04:18 PM
austingc,
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
Thank you for the advise.
My wife has already gone to the consulate and got her stamping. So she is out of the loop, its only me who needs the stamp.
To put my question in a different way:
Will the consulate cancel/stops/statusquo my wifes H4 visa as the H1B is in "Admin Processing"?
Thanks again.
They will not do it because your visa will be under admin processing and not denied or rejected.
more...
gcformeornot
03-11 10:56 AM
not counting the derivatives towards visa count. That would littlerly eliminate backlogs....
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kirupa
05-16 02:28 PM
You should work on the colors a bit more! I think there are too many gradient colors in that stamp :)
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go_guy123
02-18 04:18 PM
Canada has been using this for skilled worker program, where individuals can apply for Canadian permanent residency independently if they fullfill the passmark. Other countries like Australia, UK and New Zealand also follow suit with different types of difficulties.
How about US? Would US adopt this?
G.
Point system can be adopted but either way it has to be strict so that
the eligible people are lesser, like giving points for work exp in US etc(onL1
or H1b).
Aust system is also pretty strict and only people who are working/studying in Aust can qualify.
Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
too many people apply.
How about US? Would US adopt this?
G.
Point system can be adopted but either way it has to be strict so that
the eligible people are lesser, like giving points for work exp in US etc(onL1
or H1b).
Aust system is also pretty strict and only people who are working/studying in Aust can qualify.
Any system that delinks the employer - GC sponsering system will reduuce the problems to some extent. but retrogression will be there if
too many people apply.
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pt326bc
09-26 04:32 PM
Once you give out your EAD for employment your H1 status goes in limbo. I think the way to go back on H1b status is to exit the country and reenter with H1 visa and then work only for the employer who sponsored the H1b (in case something terrible happens to your AOS).
But again this is just my analysis; and I am not a lawyer.
Regards.
But again this is just my analysis; and I am not a lawyer.
Regards.
more...
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hpandey
06-27 11:57 AM
One will get a H1-B without I-94 if the person is outside of USA.
so basically you need to go for stamping to the local consulate for the visa.
If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.
Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.
so basically you need to go for stamping to the local consulate for the visa.
If you apply from outside and then come back before it is approved using your old H1 , you would probably get an approved H1 without I-94 which would would need to get stamped again before your current one expires.
Therefore I would suggest that you come back and apply from US itself so that you don't have to go back for stamping again.
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http404
07-17 10:32 PM
I got myself in somewhat of a mess here and wondering if there is any solution?
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
more...
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hope4gc
04-02 08:08 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
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zCool
12-18 04:41 PM
You can't.. It's very risky and not worth the trouble.. I tried and got denied.
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mirchiseth
06-03 05:17 PM
Hello All
Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?
Please share your experience. Is there any thing to worry in this case?
- ms
Has any one else experienced this? From the two posters above (which includes me) EAD and AP efiled applications went to National Benefits Center and generated the receipt numbers starting with MSC?
Please share your experience. Is there any thing to worry in this case?
- ms
vinabath
07-23 03:23 PM
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
desi3933
05-19 03:57 PM
..............
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
..........
I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.
___________________
Not a legal advice
2) Explain why you leave at the following address( XYZ�.) and your spouse lives in ABC address.
..........
I hope that you are aware of the rule that AR-11 (change of address) must be filed within 10 calendar days of physical move.
___________________
Not a legal advice
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