Mentol Blog's

If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).

i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one

I will still wait for lawyer's opinion.

thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

I am not a lawyer so it would be best to consult one.

Yes we are working on it and will be enhancing it. Please keep adding your details to it.

The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!

Hello everyone,
I got to know about this website recently and I wish I had known it earlier.


Anyway, I need advice/conformation


I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

FAQs seems to be a great idea people.

If you are driving close to the US border, they will check your documents.

I have driven to Brownsville, TX several times from Houston, and 150 miles north of the southern border, there is a check post which will stop each & every US bound car for immigration status check.

My wife & I keep a photocpy copy of all the pages of our passports, I-797's, EAD's even while driving in our city and carry the originals if we are driving out of the city- Just in case if we are asked by a cop or sheriff about our immigration status we don't want to get grilled.

My lawyer has submitted the advertisement to TWC for EB2 and EB3 category to weigh the options. She says it takes 5-10 business days for a response.....Is this true?

She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?

Kindly help!

Guys,

Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.

Your help will be really appreicated.

Hello everyone,
I got to know about this website recently and I wish I had known it earlier.


Anyway, I need advice/conformation


I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)

1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.

The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .

I you're right about that! At least that takes all this immigration stuff off my plate. It would be nice not to have to worry about having to go back to a country I don't even know anymore. I came to the US (legally) when I was 10 and now im approaching my mid 20s. I don't think the DREAM act if passed would even apply to me.. which is BS but that's another discussion all together.

Anyways... I would still like someone to give me a more definitive answer about possibly qualifying for EB2. My impression is that since most people my level have a Masters and it was an implied requirement that could be substituted with a Masters equivalent than wouldn't it stand to reason that I have a great shot at EB2. It's impossible to get a CPA License in my state without having a Masters in accounting or a Bachelor's degree ant 150 credits + experience. It's not "unskilled labor". The CFA is even crazier.

Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.

Thanks! I stand corrected.

Hi,
my wife has received EAD and she also has H4 status. If she travels on H4 and get it stamped in India , can she work on EAD when she comes back?

Kindly request your help,
Anant

Its always awesome to see these occasional threads mentioning 485 approvals. I wish we get to see more and more of these threads.

Congratulations and enjoy your freedom.


Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

no updates online just received postal mail from USCIS today .

I guess end of long wait , been in country from 2001 .

I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

FYI - I dont know if my back ground check is clear or not , I guess it is .

Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.

Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.

Leadership. They've heard of it.

I replied to that thread :)

Thre is a lot of hurt on these forums related to substituted labor..so help will be slow to come.

What does that mean? Care to clarify? I m not a literate person. I have been searching the forum in and out for similar post. After much consideration I put the post. Anyways thanks for the red. Whatever....

Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
"snathan", can you tell me what are the options for me now in this situation?

I believe you should be able to go back to your employer A and work with him as you still have valid visa with him. But check with attorney.

Hi -

Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

I mean, do these guys know what an AP is?

Is it better to get the H1B stamping done?

I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

what has indian immigration officer to do with AP and US immagration.....

I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
The words in red and bold is the right direction for a solution.
When there's a "NOT" in front of it, it is no longer a correct direction.

WOW - 6 to 7 congress men attending the rally- TOOOOOOOO GOOOOOOOOOOOOOOOD.