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
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
Old P.D : 07/08/2008 (Lost), New P.D : 05/27/2010; I-485 RD: 10/19/2020; I-485 ND:11/07/2020; I-765/I-131 RD: 10/27/2020;EAD Approval 04/09/2021; I485 Interview held on: 08/09/2021; FO: Dallas; I-485 Approved: 08/20/2021; I-485 J Approved: 08/24/2021;
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.
Originally Posted by Chilli19
Done. Thanks for good advice
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
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
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!
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 .
Last edited by gcseeker; 10-10-2011 at 05:46 PM.
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.
Last edited by kd2008; 10-10-2011 at 05:55 PM.
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
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?'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
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.
NSC (originally TSC, transferred to NSC on 02/13/13) |-| PD - 04/25/08 |-| MD - 01/19/12 |-| RD - 01/27/12 |-| ND - 01/31/12 |-| Check Encashed - 02/02/12 |-| NRD - 02/04/12 |-| FPND - 02/09/12 |-| FPNRD - 02/17/12 |-| FP Early Walk-In - 02/24/12 |-| EAD/AP Approval & card production notice - 03/07/12 |-| EAD/AP RD - 03/12/12 |-| EAD/AP renewal RD - 12/11/12 |-| EAD/AP renewal approval - 01/22/13 |-| 485 Approval notice - 09/04/13 |-| GC RD - 09/11/13|
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.
Last edited by qesehmk; 10-10-2011 at 06:15 PM. Reason: corrected the second paragraph.
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
Q
Thanks for clarifying and also sharing your view .The advice really helps .
Also thanks to Pedro for clarifying on the intent
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....
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...
Last edited by soggadu; 10-10-2011 at 09:17 PM.
http://youtu.be/h0b5VGrKVG4 -- GC Journey in KOLAVERI Song!!!!!
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).
Not a Legal advice/opinion, please check with good immigration attorney.
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.
I am not a lawyer, and it's always best to consult an immigration attorney.
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!
qblogfan, you are an Oracle now
29 days to go for next VB.
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.
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!
I am not a lawyer, and it's always best to consult an immigration attorney.
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 .
rahul2011,
i-94 number will remain same, if COS or Extension (H1/H4) is approved while the person is in US.
Not a Legal advice/opinion, please check with good immigration attorney.
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