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desi3933
03-25 11:56 AM
Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.

Incorrect!

Her I-485 does not need to filed before his I-485 approval. She can file for her I-485 when PD is current and maintaining valid visa status (or out of status < 180 days) at the time of filing of her I-485.


___________________
Not a legal advice.
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parablergh
09-09 02:38 PM
As your H-1B has been withdrawn prior to your filing for the H-1B change of employer, you are now out of status. An H-1B withdrawal is technically effective immediately upon receipt by USCIS.

The best bet would be to file for a new H-1B (assuming that you did not exhaust your six years of H-1B time) under the fiscal year cap as this has not been reached.

You should notify your legal counsel of the H-1B withdrawal and see how they want to handle it. While it is true that you are currently not in status, they may have an alternate policy.
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sabgau
03-14 03:10 PM
Sorry to hijack your thread but I didnt want to start multiple threads on the same issue, along similar lines where can I find the actual law on H1B portability on I 140.
I have a offer but the immigration dept of the company says it cannot be done so I need to send them some documentation.


thanks
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sanjose16
02-24 11:03 AM
How can you file H-1B for your spouse? Please explain.

I mean (employer) not me..:)
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stephsh
01-18 07:48 AM
I tried using the way you proposed but it doesnt work, presumably since I�m using ASP.net and not silverlight.
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rolrblade
07-31 01:46 PM
Hi,

I have a question an experts:

Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.

Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??


A little correction to andy's answer above.

yes, the I-140 is also for NIW cases, but remember that your priority date is not "fixed" unless you have an approved I-140 backing up that petition.

What Shusterman is saying is that file the I-140 today and get receipt notice (number) and then based on the priority dates being current only till today you will be able to file the I-485 before Aug 17th.

Does this help clear your doubts! Do I qualify as the "expert" that you are looking for? :D Send me a pM if you have questions.
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milindss
11-05 10:34 AM
Hello Gurus,
I transferred my H1 in June and later in September, I converted to premium and got a query. My employer sent all documents to them, I have to go to India on 24th Nov for my marriage, The H1 from my previous employer is valid until Dec 2008. I am planning to come back to US in December last week. Also I have to take appointment in India for my H1 stamping and H4 for my wife.

The application status says, they would respond in 60 days(?????) , for a premium processing ? Can you please advice, what I can do?


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


Current Status: Response to request for evidence received, and case processing has resumed.

On xxxxxxx, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

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

Any help will be highly appreciated.
Edit/Delete Message
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muraliy
09-15 12:03 PM
I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.

Thanks in advance for any answer.
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ak27
02-20 09:29 AM
I had spoken to couple of Attorneys and they have told me that H1B will done with in two weeks this year. Therefore, anyone looking to apply, get your ducts lined up.. There is not much time left..

Ajay

Taken from I-129 Instructions, page 13:

When to File.
Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.
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rbkrao
06-29 01:11 PM
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skd
06-17 10:57 PM
I am also in same situation...
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wandmaker
12-26 10:42 AM
What document should I be sending to say that I am in I-485 adjustment status.

Along with other documents, include a copy of I485 Receipt Notice and EAD card.
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uma001
07-29 02:42 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization. Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed. Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.

I hope somebody can help me.
Thanks

How can you work without authorization and filed taxes????
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nixstor
07-12 12:11 PM
3 bumps in 9 minutes. Boy. you need an answer. Some are reading it as USCIS is considering their decision to reject. Please do not open new threads. there is already another thread with the same topic
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krishna_brc
07-28 02:49 PM
Just to let everyone know if any of you encounter the same issue -

called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.

Am going to do accordingly!
Thanks

I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.

Thanks,
Krishna
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ksvreg
04-20 11:42 AM
Sorry, I was not sure what test I missed. I thought everything was done and was mentioned in I-693. I do not have copy of I-693 I submitted. I will try to get it from doctor. Pending of that, is this common test which I must have it and mention it on the I-693? I need to submit just TB Skin test or everything?
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aj_jadeja
12-20 04:06 PM
Nice article. IF some how this gets to retures then i m sure this will get more exposure.
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06-22 11:31 PM
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veni001
07-09 01:52 PM
Whay are you asking this question??:confused:

what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
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ss_col
04-18 11:14 AM
Hi everyone,

I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?

Thanks and regards
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gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
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