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  • raysaikat
    07-19 10:37 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

    Thanks,
    Amar.

    In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".





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  • kittu07in
    08-27 03:57 PM
    [....You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room...]

    How long it takes to convert her status from h4 to B-2? and how many days it will be valid after having a valid B-2?
    to convert her B-2 status, do I need to be on B-1? or it can be anything?
    Does she can able to COS from B-2 to F1 (Student)...?

    ~Thanks in advance





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  • PBECVictim
    07-13 01:44 PM
    Nothing





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  • kshitijnt
    05-05 12:36 AM
    No problem using AP through germany. I travelled in Jan 2009. No issue whatsoever. No one bothered to check any document.



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  • deecha
    07-16 09:45 PM
    deecha is looking for a deig!
    What's a deig ?





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  • deepimpact
    08-23 11:25 AM
    And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.



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  • ashoka
    09-26 02:27 PM
    Texcan,

    Thank you.





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  • reddymjm
    06-19 03:37 PM
    As far as I know, NO he cannot.



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  • chanduv23
    09-03 09:06 PM
    THIS EVENT HAS BEEN CALLED OFF DUE TO TIME CONSTRAINTS AND LOGISTICAL ISSUES.


    We will be having a Pre Rally event in the Tri State Area on Saturday, the 8th of September. Everyone from the Tri State Area are expected to make it to this event. So please mark your calenders.

    This venue for the event is currently being decided and will most probably be in a centralised location so that everyone can make it to the event with proper planning. The location will most probably be in Jersey City or Edison or Bridgewater and some volunteers are working on the venue finalization. It will most probably be an after lunch "Tea and Snacks" event.

    Aman(waldenpond) and Himanshu(pappu) and other core members will be addressing IV members at the event.

    It is very essential that members from the Tri State - NY NJ CT PA and also from surrounding areas make it to the event.

    Please bring in all your friends, and also inform as many people as possible and do make it to the event.

    A lot of important things will be discussed and a lot of questions will be answered.

    I am adding a poll to this thread so please take the poll.





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  • add78
    10-02 09:48 AM
    This is a little tricky.
    A person is in a valid H1-B status when
    1) He/She is a full time employee of the Sponsoring company AND
    2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
    Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
    #2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
    In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
    But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
    Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.

    Hope This Helps.
    If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
    IV = I+We



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  • piyu7444
    04-10 03:34 PM
    The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)

    Any other options.........?

    I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........





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  • chanduv23
    09-04 11:31 AM
    Please sign up for the event



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  • va_dude
    03-07 01:21 PM
    1. yes, if u use ac21, you can get ur h1 transferred too or opt to use your ead.

    2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.

    3. no idea

    4. no idea





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  • popoye
    08-20 02:07 AM
    Or is it only for EB3



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  • hpandey
    06-25 01:27 PM
    you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.

    He came to US in 1994 and most probably visa expired in 1995. He married his spouse in 2006 - that is 11 years of illegal stay .. You are correct though that the best option would be to go back and apply through the home country .

    I have an office colleague though whose case might be similar. He came to the US in 1989 illegally - he married his wife who is a US citizen in early 2004 I believe and applied for a GC through her and this year his GC was approved. I guess you really need a good immigration lawyer since I can see that this is a real possibility from the example in front of me.





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  • chanduv23
    02-09 02:40 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

    =======================

    Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.



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  • msyedy
    03-28 11:13 AM
    You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.

    If you filed it in January you should have a reciept document which should be a date before your old H1-B of 5th feb expires, if you have this you are not considered out of status.
    As someone sujested there may be a typo or the I-129 was filed incorrectly or these USCIS people did not really look into the case properly.

    Your lawyer can follow up with that reciept notice and H1-B approval and correct the error.

    Dont' Worry, you are safe. Yell at your lawyer if it is his mistake. These lawyers are so untrust worthy these days, they are becomming more money minded.

    Issues have happened with many of my friends.





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  • chantu
    06-30 10:02 AM
    Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!

    Last year it went to california center because of the large no. of applications due to july visa bulletin. You should file to Texas service center because you are in NJ (please read the instructions to verify).





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  • Alabaman
    06-16 09:19 AM
    I agree. I have been doing this for a while (sending emails to CNN and Fox News) but with no impact... but with many hands on board I think we would get a better chance.





    siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.





    colors
    09-04 11:47 PM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance