General Immigration Discussion

Ron Gotcher's ImmInfo Newsletter has been posted and is now available for viewing at
http://www.imminfo.com/News/Newslett.../2011-9-30.htm

very informative. somehow clicking this link is not working, i went to their website and found newsletter link there. their blog is also down it seems.

basically there is good information about H1B over there.

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Originally Posted by Chilli19

Ron Gotcher's ImmInfo Newsletter has been posted and is now available for viewing at
http://www.imminfo.com/News/Newslett.../2011-9-30.htm

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Originally Posted by qesehmk

Thank you.
On another note - its not a good idea to use LOGO from another company as your Avatar. Just sayin ...

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Done. Thanks for good advice

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Originally Posted by snathan

If you never joined that compny how its going to help to prove ? If you are on bench without pay with the current employer, and if you submit the I-797 of another employer for that period...still you are out of status. Its not going to make any difference.

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I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

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Originally Posted by indiaeb2

I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

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Its just my opinion...if you never joined or worked for them, do not submit. Always check with your lawyer

Guru's,

My Priority Date is 15 May 2008. I have got an offer with better Perks and Position. New employer is ready to process GC from scratch. Is there any chance i may get current in another 3-4 months. I would like to know your valuable suggestions

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Originally Posted by gcseeker

Spec and Nishant

Thanks for clarifying on the depature prior to AP being granted issue.It made me aware that there might be problems with the scenario.

The wording of the document is making me uncomfortable .Specifically the "granted before alien's departure part from US". I will have to make an decision on a similar situation where my spouse who is on a H4 visa and has maintained her status will have to travel to India sometime in Feb2012 . My 7th year H1 extension has been approved recently and I had planned for her to attend the visa interview and get her extension stamped as well.Technically if dates move in the next bulletin and I get current the AP would not have been granted by the time she leaves.

Now leaving aside problems associated with the visa stamping.Would she have an problem at the POE with an chance the officer might raise an question of I-485 having being abandoned ( even though the applicant was present in the USA when the application was filed and if she had an copy of the receipt ) .

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I would like forum members to kindly desist giving advice on such specific cases or issues. Nobody -including me - on the forum is an immigration attorney and please do not expect help with legality of various scenarios. I hope you understand. USCIS is on a big crack down on illegal practice of immigration law & it may turn its eyes on such advice giving in forums such as this.

i am no guru...but my 2 cents...

Assuming you are in EB2 - There is some (may be 30%) for you PD to be current. However you have almost zero chance of getting yor GC in FY2012.
Even if you decide the join the new company, your entire application process will take about 1 year (Assuming the new employer will start GC immidiately and you can port your old PD).

So your time to GC should be almost same with your current employer and prospective employer.
Only thing that will be different will be your time to EAD/AP. With your current employer there is a chance (30%) you will get it in next 6 months or so.

Good Luck!

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Originally Posted by eb2may2008

Guru's,

My Priority Date is 15 May 2008. I have got an offer with better Perks and Position. New employer is ready to process GC from scratch. Is there any chance i may get current in another 3-4 months. I would like to know your valuable suggestions

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kd2008

I understand the concern with advice giving.However the advice being given in the forum has helped many people plan better.

It is just my personal opinion that sharing of immigration advice would not constitute an illegal practise of immigration law.Also there was not anything particularly wrong with my question nor did I ask anything which is illegal.It was just an simple question of H4 travelling to India post I-485 filing.


Also kd2008 if you are referring to this blog post of USCIS on illegal practise of immigration law.Was that not aimed against people posing as lawyers and charging money (immigration scams) .I do not beleive it referred to forums or anything.

http://blog.uscis.gov/2011/06/uscis-...uthorized.html

On the other hand it will outlaw every forum from murthy.com to any other forum sharing advice.Still if the moderators decide such questions should not be posted, will not be posting them nor will be expecting advice .

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Originally Posted by kd2008

I would like forum members to kindly desist giving advice on such specific cases or issues. Nobody -including me - on the forum is an immigration attorney and please do not expect help with legality of various scenarios. I hope you understand. USCIS is on a big crack down on illegal practice of immigration law & it may turn its eyes on such advice giving in forums such as this.

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Originally Posted by gcseeker

kd2008

I understand the concern with advice giving. However the advice being given in the forum has helped many people plan better.

It is just my personal opinion that sharing of immigration advice would not constitute an illegal practise of immigration law.Also there was not anything particularly wrong with my question nor did I ask anything which is illegal.It was just an simple question of H4 travelling to India post I-485 filing.

Still if the moderators decide such questions should not be posted, will not be posting them nor will be expecting advice .

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GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

kd2008

Well thanks for clarifying.I still do not understand the logic fully because thousands of questions have been previously answered on this site about personal situations.

Anywaz I respect the current stance of the moderators or senior members and will refrain from asking any questions related to Immigration here :).

Peace

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Originally Posted by kd2008

GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

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Originally Posted by gcseeker

kd2008

Well thanks for clarifying.I still do not understand the logic fully because thousands of questions have been previously answered on this site about personal situations.

Anywaz I respect the current stance of the moderators or senior members and will refrain from asking any questions related to Immigration here :).

Peace

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I don't think that was kd2008's point at all. All he says is to ask the question as a 'Has anyone seen any instructions on ....' or 'Has anyone done ....', rather than, 'What do you think I should do?'

I personally think kd2008 may be a little too conservative but then he's done some research on the subject and I have not, so i'd go with his advice on this.

KD good point about legality and I think all members should take note that none of this is legal advice.

As per leaving to india without AP - my personal thinking + opinion is that you will NOT abandon 485 status as long as you filed 485 while in US, received receipts while in US and then left for India with either AP or some other valid immigrant status.

Not having AP only creates problems in your coming back. So if left with a valid H1 or any other immigrant visa then you can come back on that visa as long as the visa is valid.

If your status in US expired....
after you filed 485 - then you are still in valid status by virtue of 485.
before you filed 485 - then the filing itself is questionable and there is a very good chance the 485 will be rejected.

so when you leave US with a valid H1 or L1 status thats ok even if you don't have AP since you can always come back using the existign visa or can stamp a new visa based on the qualifying document for H1 or L1.

Its the situation when 485 is filed, you have no other immigrant status other than AOS that's when if you leave US without AP then your 485 may be deemed to be abandoned.

Again not a legal advice. If you are concerned - this is something I wouldn' ttry to save money and go directly to a lawyer.

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Originally Posted by kd2008

GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

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Q

Thanks for clarifying and also sharing your view .The advice really helps .

Also thanks to Pedro for clarifying on the intent :) ,will make sure questions are phrased the right way.

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Originally Posted by qesehmk

KD good point about legality and I think all members should take note that none of this is legal advice.

As per leaving to india without AP - my personal thinking + opinion is that you will NOT abandon 485 status as long as you filed 485 while in US, received receipts while in US and then left for India.

Not having AP only creates problems in your coming back. So if left with a valid H1 or any other immigrant visa then you can come back on that visa as long as the visa is valid.

If your status in US expired....
after you filed 485 - then you are still in valid status by virtue of 485.
before you filed 485 - then the filing itself is questionable and there is a very good chance the 485 will be rejected.

so when you leave US with a valid H1 or L1 status thats ok even if you don't have AP since you can always come back using the existign visa or can stamp a new visa based on the qualifying document for H1 or L1.

Its the situation when 485 is filed, you have no other immigrant status other than AOS that's when if you leave US without AP then your 485 may be deemed to be abandoned.

Again not a legal advice. If you are concerned - this is something I wouldn' ttry to save money and go directly to a lawyer.

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Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?

Note: My Wife is not primary application.

Can you please provide your input on this?

Spec, i have valid h1 and my wife h4 but not stamped, from what i googled and from all the post above, she will be able to travel without any impact to 485, which is a big relief....i am going to speak to attorny tomorrow just to be sure....

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Originally Posted by rahul2011

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?


Note: My Wife is not primary application.



Can you please provide your input on this?

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In my experience the i94 number doesn't change and stays the same when you get new 797 .... It only chanes at the port of entry when you are coming back into US......

You don't need a valid 797 to apply for ead but you have to have legal presence to apply for ead which can even be on a h1 reciept ....

Gurus please confirm...

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Originally Posted by soggadu

In my experience the i94 number doesn't change and stays the same when you get new 797 .... It only chanes at the port of entry when you are coming back into US......

You don't need a valid 797 to apply for ead but you have to have legal presence to apply for ead which can even be on a h1 reciept ....

Gurus please confirm...

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Originally Posted by rahul2011

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?

Note: My Wife is not primary application.

Can you please provide your input on this?

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Until one receives their i485 receipt, don't have A#.

So in this case, i assume your wife applied for COS to H1, enter i-94# (i765 question 10).

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Originally Posted by veni001

Until one receives their i485 receipt, don't have A#.

So in this case, i assume your wife applied for COS to H1, enter i-94# (i765 question 10).

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it is H1B extension and she will get I 94 # number only after H1B approval. He has only Just receipt Number and in this case how can we enter i 94

Thanks Soggadu for your quick response.

qblogfan, you are an Oracle now :)

29 days to go for next VB.

Thank you, Sir!

Actually I have been very happy about this upgrade today!

I am always happy to see upgrades of my account level!

When can I become a guru? I don't know much, so I think I may become a "fake" guru in one day, haha.

I also look forward to seeing the next VB, although my PD is 2.5 months later than you.

I think you will definitely become current in the next VB. Good luck to you and me! :)

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Originally Posted by nishant2200

qblogfan, you are an Oracle now :)

29 days to go for next VB.

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You are most welcome qbf.

You deserve your upgrade, I shall never forget you.

Guru thou shall be bestowed soon at this rate!

Ideally speaking, CO should grab till 1st Feb 2008 in Dec VB and till 1st may 2008 in Jan VB and then he will have a good inventory with buffer. Let's hope for this best case.

Let's also hope that their focus on 485 inventory maintains status quo on 140 backlog. Remember sometime next year PP in EB1C is coming to spoil party a bit.

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Originally Posted by qblogfan

Thank you, Sir!

Actually I have been very happy about this upgrade today!

I am always happy to see upgrades of my account level!

When can I become a guru? I don't know much, so I think I may become a "fake" guru in one day, haha.

I also look forward to seeing the next VB, although my PD is 2.5 months later than you.

I think you will definitely become current in the next VB. Good luck to you and me! :)

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I have been following this post for the past few months and really like the extensive analysis that has been performed. The PD in my instance is feb22 2008. I am hoping that your predictions come true so that we can have a chance to file for EAD .

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Originally Posted by rahul2011

it is H1B extension and she will get I 94 # number only after H1B approval. He has only Just receipt Number and in this case how can we enter i 94

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rahul2011,

i-94 number will remain same, if COS or Extension (H1/H4) is approved while the person is in US.