Turtle Tattoo Designs

Hi,

I am posting this on my friend's behalf. Here's his situation:

a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.

Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

Please let me know if it's possible to add the dependent regardless of PD being current or not.

Thanks in advance.

Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

Besides LUD on my approved I-140 on 7/13/08 (approved in 2/06), there were LUDS on H1B(approved 3/03, extended 9/05) on 6/28/08 and LUDs on I-485 (filed on 07/02/07) dt 5/23, 6/18, 6/25/08. Anybody seen recent LUDs on I-140+I485+I-129 BTW my pd is 10/05, EB2i Still waiting for magic mail. May lady luck smile on us. I have LUD on 140 for 7-13, on 485 application for 08-04

Ok, this is a tough'ie.

You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).

That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.

Consult a lawyer before you take any step.

Thanks.

According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.

Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If any mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
All:

I have a question with regard to legal status:

Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.

(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period

I would appreciate some wisdom here.....

I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.

One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.

Non -verbal communication works well sometimes. It worked for us.

I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.

However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.

When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.

for more options bout IB check out

http://www.ibo.org/

There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

Does it make any sense ?

If I have to apply for a new PERM Lc and then I-140 in EB2..how long would the entire process take

PERM-How many months??.
I-140- How mnay months??..(10th year of h1b can I get Premium Processing) done

Thanks for your answers guys...I am really tired of waiting...

i think she fell asleep on keyboard, before she could finish the question :D

Its part of a puzzle game.

She is posting one fraction of the question one site, other fractions on other site.

Now you have to assemble all pieces together and respond to her.

If you win, you get to date her. She is only looking for smart guys and this explains the plot :D

Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.

Hi guys, thanks for the replies...that is a touch reassuring

I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?

Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.

My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

Anybody else in same situation?

Did you guys talk to your Attorney?

I just sent an email to my Attorney and waiting for the reply....


I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...

The processing times for I-140 applications in the TSC show no change since the last update. Are there any changes in the NSC processing times ?

I haven't been following the I-485 times for a while since my priority date (EB3/ Mar 2004) is not current and I'm more keen on the I-140 approval for now.

The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?

You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.

pappu,

Just made another contribution of $100. AS i said to you in the past, that i will be making contributions every now and then instead of recurring.

Transaction ID: 2FX50463NH320233G Placed on Jul. 26, 2007

That's neat glos :D

Well..I was just saying my friend is a devotee and it worked for him..i did not mean to imply positive or negative ideas about anyone's religious beliefs in whatever form..

Some one mentioned how lawyer screwed up and he landed in EB3... I am EB3 bcos my company does not do EB2s for developers...infact, I have never met anyone who they did an EB2 for. I guess its one of the banes of being in a big consulting firm, where they have to follow the letter of the rule to the T and cannot doctor the requirements of the job to the qualifications of the applicant. I infact managed 4 contractors, all EB2. Its both ironical and sad that how this system is mis-used.
Anyway..well, no worries - I believe if you believe in yourself and your abilities and God, everything will come to just fruition!

Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead

That means no one was really offended by you. :)

You did well.

i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?


X Rays can differentiate between active TB and scarring. Scarring seen on X Rays will not hold up your GC application

Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!

Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)