kabeer_g
08-10 12:05 PM
Hello,
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
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suren
10-07 02:35 PM
Thanks for you reply.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
dbevis
October 24th, 2004, 07:42 PM
My preference was between 3 and 4. But 4 gives me the satisfaction of (or impression of) being at the corner looking into the field. The depth suggested by the rail going off to the right is good, too.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
2011 Couple In Love Anime
gimme_gc_asap
07-16 09:12 PM
deecha is looking for a deig!
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windsordesi
04-23 12:32 AM
I see no reason why you cant move to permanent offer.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
more...
Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
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rayoflight
05-05 04:07 PM
Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.
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kokil
05-17 04:57 PM
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
-jignesh
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sprash
03-02 04:55 PM
I was interviewed by American Public Media's "Marketplace (http://marketplace.publicradio.org/)" regarding my experience with this issue. She introduced this research by Wadhwa asked me I was considering going back, but I am not considering that option. I did highlight the woes of legal immigrants, but while she empathized with our situation, she was more interested in stories of people who are planning to go back.
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
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hopefulgc
10-09 06:45 PM
please post your wedding pictures... if y'all tie the knot :D:D:D
Marry me...i like funny people......
/thread
Marry me...i like funny people......
/thread
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IN2US
07-27 12:16 PM
Congratulations :)
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ras
08-02 08:57 AM
I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.
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sparky_jones
05-20 01:26 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Isn't that the biggest issue with several of us! :)
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va_labor2002
06-16 09:07 AM
You guys are too quick. I assume this is not an act out of impatience?
Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?
Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?
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ngaheer
12-12 08:14 PM
Thanks amitjoey,
Some good pointers there. I knew there is wealth of ideas here.
I am going to talk to a lawyer and propose this to the co. I am talking to. Hell, things can't get any shi**ier than they are now.
Some good pointers there. I knew there is wealth of ideas here.
I am going to talk to a lawyer and propose this to the co. I am talking to. Hell, things can't get any shi**ier than they are now.
more...
makeup will just have to be
GTGC
02-07 04:47 PM
A few days ago there was a soft LUD on my spouses and my I485 applications. I am the primary applicant and I also had a LUD on my I140(approved in 2006).
Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".
Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.
My lawyer says this is normal processing.
Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".
Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.
My lawyer says this is normal processing.
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thomachan72
07-14 06:29 AM
Was there any reason why company A would not take on your GC case?
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new2H1&GC
11-08 01:52 PM
Yes that is true, you have to show your passport and I-94 and EAD
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.
so to answer your question show H1 extension if they ask.
hope this helps.
Good Luck :)
Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure
So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?
Thanks..!
sandyn16
02-25 11:44 AM
You need to have a SSN or ITIN
eastindia
05-10 10:54 AM
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
4-5 years is nothing. I have seen people pending 9 Years in EB3 India.
4-5 years is nothing. I have seen people pending 9 Years in EB3 India.
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