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mytv

08-14 11:12 PM

i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.

i dont trust everything wat lawyers say.so can anybody help me out with this issue.

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bbenhill

03-05 06:28 PM

Hi,

My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.

Any idea how to get insurance for her ?

Really appreciate your help ..

Regards.

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number30

02-23 08:50 PM

Employement history is on G-325. It is only for last 5 years. If it was before 5 years there is good chance that you need not answer that question. I-485 does not require your Tax returns. You can do that with your W2 forms.

What was length of the work?

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dc2007

08-04 06:57 PM

I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.

Here is the one scenario out of many:

Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.

2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.

3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.

4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140

Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.

Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).

Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?

Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.

Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?

My main concern is, Is g-325 has anything to do with tax return ?

Should I make sure that my H1 labor state should match my residence address?

In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?

Thanks in advance

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mdipi

10-28 05:03 PM

i dont have a cgi bin....

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fatjoe

09-05 10:28 AM

Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.

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monkeyman

10-10 02:07 PM

Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -

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eb3retro

03-17 11:07 AM

Just contributed $100.00. Will contribute more in Future...!


thanks to all the people who made this happen and special thanks to the team who went to Washington for our cause.

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aguy

07-27 02:35 PM

Hi,

My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.

Thanks.

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telekinesis

10-15 08:06 PM

nocturn.net is not the site I think I am looking for lol, do you have another link?

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glus

01-02 10:05 AM

Hi All,

Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
(RFE due date Mar10)
Here are my doubts:
1. can i go to india & comeback with AP in hand
2. Do i need to wait for my i-140 approval
3. my question is what if my i -140 rejects ??


Appreciate your feedback..

Thanks!!!!!

I would say the safest way would be to get I140 approved first. If I140 is denied, your I485 is in most cases denied at the same time, and then you become illegal if you are in the U.S. after entering on AP.

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txuser

05-06 11:22 PM

Following are the documents I attached while applying for L2.

Your documents
--------------------
- Latest I-94
- Your pending H1B Receipt
- All approval notices (I-797)
- Passport pages
- 2 Pay Stubs

Spouse's documents
--------------------------
- Latest I-94
- Approval notices (I-797)
- Passport pages
- 2 Pay Stubs
- Marriage Certificate

If filing EAD concurrently
------------------------------
- 2 Color photographs (2'' x 2'')

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jungalee43

01-17 02:20 PM

I voted on this. But I did not see any vote for elimination of country qouta in EB immigration system. We need that topic on change.gov and should vote heavily in favour of it.

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shukla77

03-10 04:16 PM

I did mistake of not submitting I-94s and I went through lot of problems.it took a long time to get the dates corrected on the I-94s.

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voldemar

07-02 10:29 AM

All EB Unavailable
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html

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MerciesOfInjustices

03-06 08:32 PM

All,

In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...

...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.

best,
Berkeleybee

Well said!

There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!

I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!

Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.

Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.

Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!

Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!

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Chicago Desi

03-15 03:39 PM

Yes, wait for an RFE and do what they ask you to do in that RFE.

My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.

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Libra

08-29 02:05 PM

If you are before july fiasco and after july fiasco filer

and resides in MN/WI/IL/OH/PA/IN

http://immigrationvoice.org/forum/showthread.php?t=12599&page=3

or resides in MA/VT/ME/RI/NH/CT

http://immigrationvoice.org/forum/showthread.php?t=12628

or resides in NC/SC/GA/ FL

http://immigrationvoice.org/forum/showthread.php?t=12632

or resides in tri-state

http://immigrationvoice.org/forum/showthread.php?t=12567

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NELLAIKUMAR

02-16 03:20 PM

Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

Can you please share your experience.

Thanks....

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sparky_jones

09-30 05:55 PM

I am currently with a company through which I filed my I-485. The filing was done by the company laywer. If I invoke AC21 after 180 days of filing and change to a different company, how would I ensure that USCIS removes the current lawyer as the attorney of record? This is assuming that I want to represent myself and not use a lawyer after switching to a new company.

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saketkapur

07-27 05:24 PM

ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


Unlawful Presence: Myths and Realities

Ron Gotcher

Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

Nonimmigrants are not required to maintain their status after filing for adjustment of status.

Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

Ron Gotcher


Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved

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