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  • colemancol
    12-09 02:16 PM
    Hello,
    You can not (lawfully) re-enter on an H1B, as you're out of status. If you get caught lying at the border, you will be turned back and will likely be permanently barred from entering the U.S. You'll want to re-enter on an H4 visa - you dont need an H4 petition, although obviously you'll need to qualify for the H4, so be prepared to document your spouse's H1 approval and valid status.
    Are you stating that you were laid off (thus overstaying), or that you were benched without pay (meaning your employer should have been paying you)? With more than 90 days out-of-status, you may have triggered a period of ineligibility to re-enter the U.S.
    Given the apparent overstay issue, I suggest consulting an immigration lawyer.
    Hope you find these information valuable.





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  • gc_chahiye
    10-29 05:51 PM
    There is no need to withdraw your 485. But why do you need 2 485's. It just shuts out visas for others. You can continue on H1b with your current employer and join in EAD with the other.

    Not an attorney , please validate with one

    Under current USCIS processing two 485s do not waste visa numbers (as visa numbers are only assigned at the time of approval). When petition is approved, the other one will be automatically denied/withdrawn, or USCIS will send an RFE just around approval time, asking for one of the two apps to be withdrawn.





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  • theshiningsun
    05-31 07:45 AM
    thx cloud9.

    You need to know SOC code/Job responsibilities/Salary for using AC-21.

    is this info available on the PERM approval?





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  • sheela
    08-11 12:59 PM
    I have a 16 year old should I sign his immigration forms or must he?
    Regards
    my attorney asked me to sign



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  • ssprof
    08-02 07:08 PM
    I googled it
    http://www.dhs.gov/xlibrary/assets/cisomb-rr-31-uscis-sop-02-0807.pdf





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  • user1205
    08-20 04:11 PM
    This was on another website. Dissapointing. Hopefully smaller measures might have more of a chance

    From Washington Post

    http://www.washingtontimes.com/apps/pbcs.dll/article?AID=/20070725/NATION/107250079



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  • ria_sharma
    06-16 03:26 PM
    I have filed I-485 in Aug2007 and am in retrogression. I am currently working for my sponsoring employer on H1 but also have EAD and AP. I have to go to India to address parents health issues and may have to stay there for possibly 6-9 months. I plan on re-entering using AP.
    1) Will my GC application stay active if I am gone for such a long time?
    2) My fingerprinting was done long ago - do I need to be in US when my case is adjudicated and GC approval is sent in the mail?
    3) Since I will lose my current job due to the long absence, will that be an issue at POA since I wont have a current job or a job offer letter to show the IO?





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  • raoece
    03-13 11:42 PM
    i am from knoxville



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  • sanan
    06-15 08:53 AM
    I would do it separately
    Good Luck
    Hi All,

    I got RFE on 485(field in Dec 2004) in last month for TB Skin test and employement letter. My PD is not current but INS is processing my application. I am waiting for physical notice from attorney. I have dependent whose AOS is not filed now I can not file due to retrogression.

    With July bulletin my PD becomes current I am ready to file AOS to my dependent. Offcourse not sure that once I submitted to attorney how soon he will send to USCIS.

    I have question that which one is best option to file dependet's AOS?

    Submit dependent's AOS with evidences to RFE ? Means in same cover?
    or
    Submit dependent's AOS and evidences to RFE separatley?

    Please advise.



    thanks
    vali





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  • shantak
    03-01 09:45 AM
    I am also looking for form I-131.
    The current form expired on 02/282009, so they might be working on revision.

    I agree with you. The current form expired on 2/28 so they might post a new form tomorrow



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  • vbkris77
    03-03 11:03 PM
    Quick survey to findout how many people like the idea of having their passports restamped here in USA and avoid all the surprises and shocks. This doesn't need any legal fixes. It is a convenient measure for everyone. Besides it was an old practice that was stopped for "security" reasons or some crapp. It is a small step but helps with any cases like family emergency or some urgent business need to travel abroad.

    Based on the poll results and suggestions, we can comeup with a strategy to address the issue.





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  • anantc
    08-26 04:47 PM
    Here is the sequences of Events(BE + MBA computer systems)+5 yrs experience when filed labor:
    Labor Filed Date: Oct 3rd 2003
    Labor Approved Date: Sept 15th 2006

    EB2 140 Applied: Oct 30th 2006
    485 Filed (self & wife): July 2nd 2007, Receipt Date: Sept 9th 2007.
    485 Finger Print for both(biometrics): Oct 4th 2007

    EB2 140 Query (RFE): Dec 5th 2007
    "The labor certification accompanying this petition specifies that a bachelor's degree and 2 yrs of experience is an acceptable combination
    for the position offered. Therefore, the job offer portion of the labor certification does not demonstrate that the job requires a professional holding an advanced degree or the equivalent.
    Consiquently, in accordance with the regulation cited above, the petition cannot be approved.(Title 8, Code of Federal Regualtions part 103.2(b)(8)."

    In between these dates, my H1 renewal (for 8th year) that was pending since sept 2007 was put in Premium.
    EB3 140 Applied: Jan 10th 2008
    In between this dates... EAD & Advance Parole (I-131) for my wife was applied and approved.
    EB3 140 Approved: Mar 17th 2009. But the priority date was diff on the approval notice(Aug 2004) which has given to Labor department Chicago for rectification.

    Should I go for another labor with new designation EB2 which I can port to above priority date or wait till EB3 becomes Oct 2003/Aug 2004 based on my current EB3 approval I-140?
    Also will the existing I-485 pending is fine or should I file new one for EB3?

    Thanks in Advance.
    Anantc



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  • Rb_newsletter
    10-05 09:35 PM
    I saw in one of the thread one attorney said this kind of RFEs are not problem. I will post the link if I find that thread.

    See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.





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  • nhfirefighter13
    October 19th, 2005, 03:17 PM
    There is always an ad for rain gear in the back of photo mags by this one company...I can't think of their name at the moment but I'll find it when I get home. Stuff looks pretty neat.



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  • wandmaker
    05-06 01:16 PM
    Can someone, renew their EAD while outside of the country?

    Yes - as long as your 485 is pending and you have a US address to receive the card.





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  • FredG
    October 18th, 2005, 05:42 AM
    Nice job!



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  • ad80
    09-30 05:56 PM
    Hi,

    I have been in US for last 2 years on L1 B and my L1 expires in Dec 09.I My company has already applied for renewal. I wanted to know is it possible to file Green Card, once my petition is renewed, on my own even if employer is not interested in doing it. I am ready to pay my expenses and get it filed. Just wanted to know if it is possible. I have been with my employer for 4 years.

    Regards,
    AD





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  • kalyan
    08-06 03:26 PM
    same with me. I was the only one to be recruited after months of efforts.

    Now they started my LC with Manager's approval. Lawyer is doing the same thing.





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  • akred
    07-05 12:41 PM
    Guess the news broke :). I am happy for all the employees on OPT who will be able to continue employment.





    jenesaisquoi
    08-09 04:00 AM
    Make a hit box on your skip intro button, kinda hard to press the skip button.





    bindas74
    05-20 10:18 PM
    I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?

    Thanks,
    Kunal


    Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.