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Pankaj

08-18 04:59 PM

If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.

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checklaw

07-13 11:36 AM

Checklaw,

By Law, you must apply for an intended travel.

However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.

I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.

Thanks
Senthil

Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:

Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?

Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.

Are AP extension gaps fine with respect to expired or no H1B visa.
BR
checklaw

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Jeffree Star

desi3933

02-01 07:58 AM

thanks for the reply..this means having a dependent visa is the key at the time of approval..

This is NOT what I said in my post. I mentioned "Dependent Relationship". Dependent Visa applies in most cases, though. Example - Your wife could be on F1 or other visa and that is not dependent visa.

Contrary to popular myth, it is ok to file I-485 on F1 visa status.


if the application was approved and the wife was on h4 (but didn't file her i485 yet..) then she could still file for her i485?

Correct. It is advisable to file I-485 as soon as your PD is current. However, section 245(k) covers for 180 calendar days. In some cases, she may have more time, but those cases are linked to visa status and usually don't apply to H4 status holders.

Good Luck.

____________________
Not a legal advice.
US Citizen of Indian Origin

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diptam

01-16 01:13 AM

Bhanu and others,

Its written in G-639 that for getting a Original Copy of any "Approved Petition" use form I-824.... So for getting 140 copy ( which is a Immigrant visa Petition) we should I-824 .

http://www.uscis.gov/files/form/I-824.pdf

Thanks,

Hi All,

Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
1) You need to fill the form G-639 to get the I-140 documents.
2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
3) After filling the form, Notarise it (Your bank will do it)
4) Attach all the documents with this form and send it to:

USCIS National Record Center
FOIA Division
PO Box: 648010
Lee Summit, MO 64064 - 5570

5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

Please keep in touch if you have any other details.

Bhanu

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mantagon

07-24 12:32 PM

Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.

I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

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Radhika

07-09 01:38 PM

Was this at TSC, mine is at NSC. My First I140 was approved, My company refiled after acquisition (successor in interest) and later upgraded to Premium

Yes it is at TSC.

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GTGC

03-24 04:16 PM

Awesome job Mark...thanks for explaining our plight in a nutshell and educating people about living conditions around the world :o

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gcadream

03-04 08:24 AM

Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
It cleared lot of my doubts as well but regarding point 'C'

[C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]

I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.

But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?

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rockstart

03-11 09:43 AM

Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.

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katewill

08-24 01:20 PM

180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

overheard most are EB2/3 cases and not many 245i cases.

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javadeveloper

09-23 08:53 AM

Gurus,

Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?

2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?

3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

Thanks.

- BharatPremi
Man why you need reciepts?

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drona

11-15 02:51 PM

We are actively meeting with lawmakers across Southern California in OC, LA and San Diego. New members, please sign in to our local chapter, details are in my signature. Join in on local lawmakers meetings and help in raising awareness of our issues. We have experienced members in our group who can provide guidance and answer all your questions if you have never done anything like this before. We do need active members in various constituencies though, to help us reach out to all the lawmakers in our region. Read about our local lobbying activities on Southern California yahoo groups and perhaps you could contribute something to our efforts.

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txh1b

05-07 12:02 AM

DOJ also has videos on other religions and cultures if anyone is interested. Links below.

http://www.ojp.usdoj.gov/BJA/pubs/diversity.html

http://bja.ncjrs.gov/diversity/flash.html

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kaisersose

05-30 10:17 AM

Hi gurus, Please advise

I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

I work for company X and have an offer from company Y.

What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?

2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.

Thanks,
Krishna:confused:

You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.

H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.

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WeShallOvercome

11-06 04:11 PM

I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



Thanks,
Sury

-------------------------------
PD : Feb'07
I-140 - Pending
I-131 - Approved
I-485 - Pending
Center: TEXAS SERVICE CENTER

Recieved EAD Card and FP done.
-------------------------------



Poor guy/gal just asked a simple question.....

Sury, The PDs need to be current for I-485 filing AS WELL AS approval.

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nozerd

11-15 12:02 PM

Have you tried to get an appointment in Calgary, Halifax or Quebec City. These 3 places are normally the easiest to get visa appt.

Also answer depends on number of questions.

1) What is your current nationality

2) Do you have expired H1 B stamp in your passport ?

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lecter

March 15th, 2004, 05:18 PM

Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
Gary


gee they'd want to be close.

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waiting_4_gc

07-20 02:06 PM

Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?

You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD


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Contributed $100.00 so far.

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snathan

04-22 08:24 PM

I am employeed in IT consultancy, and wants to change my employement as a permenent employee of the client.
When i told this to my employeer he is telling me that he can file a lawsuite against my Client(New Employeer) on the bases of Small Business Administantion laws, stated below

Although the contract does not specifically state that the client cannot hire the contractor (you) on a permanent job, it also does not state that the client can. Current Employeer comes under the category of the 'Small Business Administration' under the State and the Federal Governments. Both governments fully support the growth and looks after the interests of small businesses in the country. They have always done it and are even more supportive lately as a result of the struggle small businesses are undergoing in these bad economic times. I have been advised by the company attorney that I contracted you to the client purely on professional and ethical grounds for the benefit of Current Employeer business. If a giant company like Client just takes you away to their advantage, it may not be looked upon favorably by a small business court.

Below is what is in the contract between my Employeer and Client.

1. This agreement is for the sole purposes of providing the services of the Contractor�s employee XXX to (Client).
2. Contractor will be an independent contractor of Company and will work on a Client assignment.
3. Company will pay $XX.00 per hour to Contractor for all the hours of work and expenses approved by Client.
4. All time and expenses should be entered into client�s system and should be approved by the concerned manager or project manager.
5 Company will not pay contractor for any time and expenses not authorized and not approved by Client.
6. Contractor shall be solely responsible for the quality of work performed.
7. Payment terms shall be XX days net and will be made on a bi-weekly basis.
8. The start date and the length of assignment will be determined by Client, and Company shall let the Contractor know in writing before the date on which the consultant starts working for the Client.
9. Contractor reserves the right to offer consultant�s services to other clients until such time the Company and the Contractor executes this agreement as well as a project work order.
10. This is the only agreement between the Contractor and the Company. Changes can be made in writing only and have to be signed by both parties to be effective.
11. This agreement is subject to the laws of the State of Texas.
12. Either party can terminate this contract by giving 2 week�s written notice, via email or physical mail. The notifying party must obtain proof of delivery of such notification to the other party.

Can any one tell if there is any possibility of that

It seems he is trying to scare you...pay few hundered dollars to an attorney and check.

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gjoe

10-05 11:07 AM

Are you a lawyer? :)

Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.

God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.

If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
Lawyers will charge money for their service, but finding a good lawyer is what we have to do.

PS: Pardon my typos and spellings

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saketkapur

10-14 06:05 PM

I thought AP must ONLY be used for emergency travel purposes, not for vacations, brother's marriage etc. Some IV members shared their experiences at the POE, the IO may ask why you left US, what was the emergency? Please correct me if I am wrong. Can AP be used for casual travel also? Thanks.

Not a lawyer. This is not a legal advice.

I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......

My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.

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