rk2006
11-23 06:08 PM
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
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kartikbalaji
01-02 10:21 AM
I could see LUD on my I-485 case too yesterday.
RNGC
02-23 05:00 PM
Yep. I watched it too. Nothing about legal immigrants who came on visas. Gonzales says "We are not going to sacrifice security and quality for production". So, coming from the chief himself...that says it all. What we can derive from that is...the mentality of USCIS seems to be to prolong the process as much as possible thus raking in the moolah for USCIS and at the same time defend their actions by playing the "Quality" and "Security" ball game. Not sure if anybody can change their attitude towards legal immigrants.
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
I saw the programme too....It was so stupid of Gonzales! If they are going to take 6 months to find out that a person is terrorist, isn't that stupid! Should'nt they find that out in few hours instead of taking 6 months or for that matter 2-3 years for security clearence! What to say! Just have to live with it!
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desi3933
05-14 10:12 AM
Hi,
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
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nk2006
12-11 03:31 PM
4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
sangmami
06-13 08:24 PM
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
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apahilaj
04-08 07:18 PM
I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.
Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.
I am seeing lots of people change their jobs once 180 days expire...Just trying to get an idea whether people mostly use H1 transfer or do they start using EAD? Does changing a job while 485 is in progress always triggers an RFE/interview?
Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.
I am seeing lots of people change their jobs once 180 days expire...Just trying to get an idea whether people mostly use H1 transfer or do they start using EAD? Does changing a job while 485 is in progress always triggers an RFE/interview?
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ya3
04-09 07:06 AM
ROFL! LOVE the IE+ads stamps :thumb::D
FF and TB one's look slick, too ;)
FF and TB one's look slick, too ;)
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raysaikat
07-08 07:32 PM
My H1b application was delivered to USCIS on July 1st. I just find FLC data center has updated new 2008-2009 prevailing wage database which is also effective on July 1st. If based on the previous 2007-2008 database, my salary is above the prevailing wage, but if based on the new one, my salary is a little below that one.
Which database whill USCIS choose to use on my case?
Sounds like the new one.
Which database whill USCIS choose to use on my case?
Sounds like the new one.
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eastindia
12-30 02:23 PM
It does not look good. Has been oral arguments for some time now.
Any updates? Did they move forward from the oral
Any updates? Did they move forward from the oral
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rkm
07-20 10:48 PM
Let us poll here only for Texas Service Center 02-July filers and find stats to estimate the timeline
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zCool
04-02 01:00 PM
Agree ,
once you are on EAD , you can work for any number of employers..
once you are on EAD , you can work for any number of employers..
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ssdtm
05-14 06:10 PM
Lets not generalize it. Everyone is different.
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txh1b
08-18 09:53 AM
Agree with wandmaker.
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June 6th, 2005, 05:45 AM
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