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  • monikainusa
    03-22 09:46 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..





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  • h1-b forever
    10-13 10:23 AM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.

    Did you get an answer?





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  • LostInGCProcess
    03-02 06:14 PM
    Any one who had been through this process , can you please PM me or post attorney reference who is based in NJ .

    i greatly appreciate your responses.

    Could you PM me the name of the company that is causing so much trouble to you? That way I can be alert and also let my friends know not to join should they come across that company.

    I am sorry, I don't know any attorneys that deal with civil cases like non-compete.

    Thanks.





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  • jnraajan
    01-18 10:54 AM
    You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.

    Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.



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  • Aah_GC
    07-25 10:14 AM
    Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.

    Good luck.

    Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

    Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

    Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


    Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.





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  • Circus123
    01-09 02:57 PM
    Just to add a comment to my previous reply ---This is the best case scenario looking at the trendz nowadays ...

    EB3 June 01

    EB2 Dec 2000



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  • maverick_iv
    12-05 09:35 PM
    Don't think there is any need to take your kid along. Other than avoiding the postal delay, applying in person has no other advantages. The person sitting in the counter would double check your docs and accept the application and would give the standard response that it would take 45 days. If you had done your homework, you don't have to worry about another person checking your docs.

    Other tips for folks going to the DC embassy:
    - None of the phone numbers would be answered.
    - At the counter there would three phone numbers listed for PIO/OCI queries(no mention of those in the website) - but you won't be able to get anyone on those lines either.
    - What is really helpful is that everyday between 12.30 and 1pm, you could get into the main building of the embassy for PIO/OCI queries.
    - The person approving the PIOs is Mr. Natesan - a very helpful and patient chap.
    - Once you get into the office, you'll have a story to tell on how PIOs are processed. You would notice a number of USPS tubs full of PIO applns in the corridor with folks trying to look and pull their applns out.
    - Regardless, if you have a pending appln, you could explain the situation and request for the PIO to be issued the same day. The folks in the PIO section are very cooperative - there were about 12-13 people on the day that I went in - Almost all of them got it on the same day regardless of when they applied.

    Harikris - My suggestion to you is to mail your application right away and take a trip to the DC embassy a week or two later. If you want to, you could apply in person and try your luck the same day.

    Hi,

    Thanks for your response.
    AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.

    My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.

    Thanks for the idea on the thumb impressions. That helps.





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  • snathan
    04-28 08:18 PM
    Hi Folks!

    I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.

    Thanks a lot in advance

    Ravi

    I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.

    Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.



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  • Queen Josephine
    January 5th, 2005, 12:06 AM
    Geesh, these are all really nice compositions that lend themselves well to this technique. I think I'd like to see one of the pots in the first pic also colored. Really nice work though on both your parts.





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  • fromnaija
    12-09 04:09 PM
    According to my attorney, you can re-apply for AP from outside of the U.S. and have it delivered to a local consulate.

    I will not argue with what your lawyer tells you.

    However, because Form I-131 is used for multiple purposes, some of the instructions are applicable to one condition and not to the other. So read the instruction again and you will see that some of the references to sending the document to overseas consulate refers to when it's used as a Reentry Permit, Refuge Travel Document, or as Advanced Parole for humanitarian reasons. For someone who applied for AOS, sorry no such luck.



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  • dpp
    07-27 09:55 AM
    Well done. Good job





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  • go_getter007
    12-19 05:18 PM
    I withdrew my EB1 485 prior to filing EB3 485. Moreover, I specifically wrote on my EB3 485 form about my EB1 485 withdrawal and gave prior A#'s as well. I was assigned the same A# in EB3 but my wife got a different number from EB1.

    GG_007




    Multiple I-485 Filings Not Advisable
    �MurthyDotCom

    While the immigration regulations do not prohibit filing more than one I-485 for the same applicant, and the USCIS cannot provide guidance or advice for filing multiple I-485s, an applicant can adjust his or her status based only on one I-485 application. Therefore, submitting more than one filing at any given time potentially could result in problems. The USCIS could request that one set of adjustment applications be withdrawn, that the two applications be combined into one, fingerprints and security checks many not be conducted on both filings, or one set of I-485 applications could be denied. Thus, it is almost always advisable not to have multiple I-485s pending at the same time.


    I also have the information that if you have pending I-485 and will try to switch to the consular processing, I-485 will be automatically withdrawn as "duplicate" visa petition.



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  • snathan
    05-02 06:13 PM
    Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
    -a

    Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.





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  • bigboy007
    10-11 01:31 PM
    Consult with your current company immigration attorney and find out why your current job will not qualify for EB2.

    Just in case start your EB3 GC and port your PD to this new GC I-140. That will help you with the H1B renewal for 3 years. You have got 14 more months. you should be able to get I-140 filed by then, do a premium for I-140 to get it approved by the time you renew your H1B.

    Renewing your H1B based on the revoked I-140 would be risky.
    Did USCIS sent you any notice that your 485 is not valid ?



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  • tinamatthew
    07-21 12:05 AM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?


    If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed





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  • sixburgh
    08-13 10:58 AM
    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......

    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Aren't all H status people supposed to have Dual Intent?

    If what you are saying is true, what are the steps I need to take?
    Someone is suggesting that I should revoke her h4.
    What happens of the fact that she worked since the arrival of her h4 renewal.
    Its been less than 100 days....



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  • ebizash
    02-10 05:58 PM
    I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.





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  • micofrost
    09-01 05:37 PM
    Dude,

    Since you have said "no offence", I will be polite too.
    First of all, all these indians you see are a miniscule numbers. dont look at the %age out of 140K GC visas. Look at the numbre compared to the total india population. There are around 3 million indians in US, including the citizens, gcs and h1bs, business and touirist and f1s and h4s and l1s and the other visas which i know but do not know their names.

    Compare 3 million to the 1.15 Billion population. You calculate the %age.

    Compare that to the other countries who are trying to immigrate. Yes we are proud of our culture. Its one of the best. Ofcourse I am trying to fugure out the the other best.

    And the person who is trying to immigrate, has nothing to do with his/her culture.



    No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.

    Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?

    If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!

    I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.





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  • imneedy
    02-05 10:12 AM
    Shahuja and Raju,
    thanks for your reply, let's hope you get them soon.





    somegchuh
    07-17 03:36 PM
    Just got back from Canada. It was really straightforward.

    Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
    On the way back showed green cards, again no questions....

    Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D





    martinvisalaw
    07-06 04:42 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."



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