I'm sure this has been looked into but if not:
if ROW has been the primary contributor for the spill over this year, do we know how much they have consumed and at this rate how much more will they use. This will allow us to predict IF they will contribute more to the spill over.
Regards
Nat
Spec, and all gurus,
I needed advice from you folks on a situation as I am not able to get a satisfactory response from Fragomen my company's lawyers (and they made it abundantly clear that they work for my company and not me).
My husband has been in B1/B2 and has not moved to US. My PD is May 2009 and have been able to apply my 485 AOS. However, I was advised to change my husband's status to NIV (like H4, or so) before I send in his 485 app. After a whole circus which I don't want to get into, I have finally applied for H4 via the I-539 application by myself - not through my company lawyer. I remember Guru Kanmani's suggestion that I can utilize the I-539 receipt of fees with the applicable receipt number to send in the 485 application for the husband. Is that possible? I have all the documents all packed and ready to be submitted, including medical documents. Do I have to wait for the Approval Notice to be received before I send in the 485 application? I am now panicking 'coz of the rumored retrogression.
Thanks a whole bunch,
Billie
Nat,Originally Posted by natvyas
I'm not sure we can say that EB2-ROW has been the primary contributor for the spill over this year to date.
It is very difficult to get a handle on EB2-ROW. Trackitt approvals on a like-for-like basis to the end of March were 15% higher than last year, but it is impossible to say whether the Trackitt % has changed.
Without an irritant, there can be no pearl.
Is your husband in home country or US right now?
If he is outside US then I am not sure if I-539 works. AFAIK its for change/extension of status inside US?
Thank you Sun, Kanmani, for your responses.
How else would I get an H4 approval notice for him to take an appointment and get the H4 stamping done? In my mind, the visa stamping appointment requires you to state your Notice Number before getting a stamping - is my understanding wrong? I thought I would apply for the COS from B1 to H4 via the I539 and get the Approval Notice 727 (?) sent to my address, get him back here during the on the H4 visa during the I485 AOS application per the requirement.
Check this out. This web site is extremely useful and will give you all the information.
http://www.immihelp.com/visas/h1b/h4...documents.html
Moderators: remove the post if links from other sites are not allowed.
You can find it here.
The number of Certifications has only risen about 2k since the last fact sheet dated March 5, 2012. Strangely, the number of cases processed has decreased about 500. I think that is because the March 5 figure should have been 18,170 rather than the 21,420 reported.
The number of filings have increased about 4k in that time.
Audit and Supervised Recruitment % has risen in the Active cases, while the % in Appeals has dropped slightly.
Last edited by Spectator; 04-02-2012 at 11:58 AM.
Without an irritant, there can be no pearl.
No worries at all. As long as it helps immigrant folks and as long as we post content and give credit to the original source, we are just fine.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
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For H4 stamping,
they will need
H1b holders last 3 months paystubs
H1b copy
letter from employer
Your previous years W2
it is good to have i-129 copy if you have
marriage certificate
as it is first time you may need your wedding pics
and apart from this filled DS-160 form for the applicant and fees and photo
billikoot -
I don't think someone can go on H4 without the primary being on H1. So I'm assuming you are on H1 right now. In that case, use the above documentation and get the visa stamp done asap. As soon as the H4 stamp is done and your husband enters the US, apply for AOS. Deadline is Apr 30 as you know.
The other option even if you don't get the AOS is if he can find a job and change to H1B status.
Last edited by vizcard; 04-02-2012 at 12:05 PM.
Gurus,
I don't want to give mis-information here. but can't he enter USA on B1/B2 and apply for AOS?
Is it mandatory to be on H4 to be associated with primary applicant for AOS?
SP
We really need some research and/or lawyer opinion here.
My strong gut feel is that - it is NOT possible since B1/B2 is NOT dual intent visa.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
yes - 100% cannot do AoS on B1/B2 as those are not dual intent visas...
He can't gain admission on a B1/2 with the INTENTION of applying for AOS. In this case, there would be that intent if he followed the suggestion above.
If he were to be admitted now in B1/2 status and applied for AOS before April 30 it would be a huge red flag.
Without an irritant, there can be no pearl.
Thank you all so very much !!!!!
Why the lawyer cannot tell me this much as clearly as you all have is beyond my understanding. I am going ahead with the DS-160 just now thanks to all your suggestions. Praying that we can be done in 29 days or less.
Lots and lots of love and admiration,
Billie
Taking VFS receipt (from HDFC bank) and booking appointment would be top most priorities.
Getting a (non high flying) lawyer would be a good idea too.
My two cents.
Good luck!
Last edited by suninphx; 04-02-2012 at 01:21 PM.
Most recent trackitt approvals:
PD 8/21/2007 got approved on 3/28 (TSC)
PD 6/22/2008 got approved on 3/38 (NSC)
So perhaps the Aug 15 internal COD may not be entirely true.
There are a few others post 3/22 approvals but they are with PDs before 8/15/2007.
Last edited by vizcard; 04-02-2012 at 01:42 PM.
Am I the only one who thinks the productivity rate of DOL in Certifying case from the fact sheets seems incredibly low?
Taking the increase between the fact sheets and the number of days between them gives the following figures.
Dec - Jan = 66 cases per day
Jan - Feb = 68 cases per day
Feb - Mar = 99 cases per day
I know we shouldn't take the figures at face value, but really?
Without an irritant, there can be no pearl.
I know someone who did an AoS from a F1 to a H1.
My wife filed 485 on F1. However she also held a valid 797 at that time. So not sure if F1 by itself would've been ok. I think the answer is yes - just a guess.Spec - if you go back to the days before PERM the rates were always low. IMHO these rates are adjusted ot the economic conditions. So labor approvals are NEVER EVER steady. They always reflect then economic conditions.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
This is what I-485 instructions say...
-------------------------------------------------------------------------------
10. Who is not eligible to Adjust Status?
Unless you are applying for creation of record based on continuous residence since before January 1, 1972, Or adjustment of status under a category in which special rules apply (such as 245(i) adjustment, asylum adjustment, Cuban adjustment, special immigrant juvenile adjustment, or special immigrant military personnel adjustment), you are not eligible for adjustment of status if any of the following apply to you:
A. You entered the United States in transit without a visa;
B. You entered the United States as a non-immigrant crewman;
C. You were not admitted or paroled following inspection by an immigration officer;
D. Your authorized stay expired before you filed this application;
E. You were employed in the United States without USCIS authorization prior to filing this application;
F. You failed to maintain your non-immigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:
1. An immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years old);
2. A K-1 fiancé (e) or a K-2 fiancé (e) dependent who married the U.S. petitioner within 90 days of admission; or
3. An H or L non-immigrant or special immigrant (foreign medical graduates, international organization employees, or their derivative family members);
G. You were admitted as a K-1 fiancé (e), but did not marry the U.S. citizen, who filed the petition for you, or you were admitted as the K-2 child of a fiancé (e) and your parent did not marry the U.S. citizen who filed the petition:
H. You are or were a J-1 or J-2 exchange visitor and are subject to the 2-year foreign residence requirement and you have not complied with or been granted a waiver of the requirement;
I. You have A, E, or G non-immigrant status or have an occupation that would allow you to have this status, unless you complete Form I-508 (Form I-508F for French nationals) to waive diplomatic rights, privileges, and immunities and, if you are an A or G non-immigrant, unless you submit a completed Form I-566;
J. You were admitted to Guam as a visitor under the Guam visa waiver program;
K. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years of age); or
L. You are already a conditional permanent resident.
Last edited by veni001; 04-03-2012 at 07:09 AM. Reason: added link for VWP
Not a Legal advice/opinion, please check with good immigration attorney.
Thank you Veni - don't see B1/B2 in this list (I read it twice), unless its #K. But he is not on visitor waiver program, whatever that is. We are going ahead with the H4 stamping any case.
Thanks very much again!
Billikoot do not worry my wife got her H4 stamped without much hassle from Mumbai consulate on March 30th. We already have our AP but lawyer asked us to get it stamped anyways. I forgot to give her my paystubs(Oops) and she even took the old EVL that I used for 485 but apparently nothing was asked. She even took our daughter with her in the consulate and the visa officer played with my daughter. I remember my wife had her passport delivered home the next day. So get appointment quickly and get it done with.
Hi,
Saw 3 JAN fillers in tarckitt(willbegrn,saranganesh ,vikabraham) got approved on Mar 27 &28th ....looks like still they are giving VISA's to people beyond Aug 15th 2007...
That will stop since May if the May bulletin retrogresses to those dates.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
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