Sunday, July 3, 2011

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  • kirupa
    03-24 11:09 PM

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  • cheg
    08-05 12:36 AM
    Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)

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  • skd
    08-21 07:46 PM

    From USCIS Case Status Website

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  • Prashanthi
    08-27 02:04 PM
    Dear Attorney,

    Is there any minimum length of time to be on H4 before applying to H1.


    No minimum length of time, but i would wait for 90 days just to make sure that the USCIS does not say that you had an intent to change to H-1 when you entered the country and therefore you should have entered on a H-1b. Very remote possibility for them to determine that your entry into the country was based on wrongful intent. I would wait for 60 to 90 days to overcome this problem.


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  • sw33t
    07-31 10:26 PM
    24 and counting.

    Please join -

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  • imneedy
    08-13 03:46 PM
    You will get your I-20 stamped with the start date. Also there will be a approval date on your I-797, which would be when your status becomes effective.


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  • h1vegas
    06-30 10:47 AM
    AFAIK they dont know unless USCIS issues an RFE for tax returns. What was her status before she filed her 485?
    Also why are you concerned whether they know or not?

    Before that she was on H-4, I am still on H-1B

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  • ashwaghoshk
    07-27 10:00 PM
    I am from health care industry and have a bachelors degree. My GC has been initiated under Eb3 category. We do not need the PERM process so an I 140 will be filed once the prevaling wage determination is cleared by the DOL. Recently I learnt that though I have the bachelors degree it is equivalent to the masters degree of my profession. I have a document stating the same from the board who is responsible for licensing.
    My question is that since my process is already initiated in EB3 can i also start it under EB2? Do i have to withdraw the earlier EB3 if i want to proceed with EB2? Please let me know if that is allowed or not.


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  • Scythe
    04-20 01:37 PM
    You're welcome!

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  • amoljak
    03-28 08:14 AM
    Its hard to believe that she represents California... This is just adding insulst to injury...

    We should investigate any 527 orgs that are against her and get their help to run advertisements which highlight her bias agaist educated people.

    We have to keep stressing how anti-education, anti-hi tech she is.


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  • lazycis
    05-14 12:33 PM

    My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.

    Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?

    Whats the right way of handling this?

    USCIS regs require skin test results. The easiest way to take care of the RFE is to do what they ask for.
    As for G-28, you should send a new G-28 with your name as both representative and applicant to the service center where I-485 is pending.

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  • davidmaria
    06-24 05:43 PM

    my GC is applied for future employment by company A on july2007.I did concurrent filing of 140 and 485.My I-140 approved on Feb 2008 and waiting for 485 approval. My PD belongs to 2005 mar EB2.
    I am still working with my old company B .
    My question is Am i eligible to change company C
    without working for company A( My GC sponsored company).Can I file AC21 without working for GC sponsored company? Please i need somebody advice.


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  • cache22
    01-25 11:06 PM
    Please consult a good lawyer
    OH at,
    Carl Shusterman,
    Shela murthy
    Rajiv Kanna

    Please refer

    I have the extract from the website

    Question 4. What is a travel document and do I need it?


    Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.


    I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.

    Good luck

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  • TheCanadian
    11-13 04:26 AM
    Looks good to me :thumb:.


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  • gman
    04-30 09:43 AM
    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.

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  • sunny1000
    12-18 10:52 PM
    The labor is for your future job that your company is offering (atleast technically). The LCA is based on your employer's address and NOT based on your address..As long as your employer doesn't move, it should be no problem. Of course, please check with an immigration attorney on this.:D

    My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?


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  • Sakthisagar
    10-13 02:19 PM

    The following website have everythng you need to submit along with sample documents

    Best of Luck.

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  • fcres
    01-10 02:33 PM
    When i saw the smiley next to the subject, i thought it came out and there is significant movement :(

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  • devikas81
    02-08 01:40 PM
    Yes, you can renew if your 140 is approved, i have done mine, my H1B was expired and used EAD for 2 months, and again file fresh H1B and got approved and went out of country to get stamp done,

    12-17 12:07 PM

    Did you give mail forwarding instructions to USPS when you moved from your old address?
    I had done this online and got my AP duly forwarded to my new address. This happened about a month back.

    01-26 08:29 PM

    It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.

    But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?

    Any help will be greatly appreciated

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