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my self (h1 holder) and my spouse (h4 holder) currently out of country. 485 approved for h1 holder. but AOS is still pending for h4 holder. H4 holder does not have AP.

What happens at POE ? We both have valid h1 and h4 stamping but no AP. are we allowed to re-enter on H1 and H4 ?

Please help.

Thanks for the reply. What I understand even there is no position for EB2 currently, EB2 can be filed for future employment.

Do you know anybody who was in the same situation and converted from EB3 to EB2.

Thanks,

Hi mane is Brunoruno I've been in the country since jul of 1998, in April of 2001 my father filed for the life act 245 from president Bill Clinton.. on June of 2003 his I-140 got approved so he filed for his I-485 including the dependents which are my mother and I.

Here is the problem

About 2 two years ago my father received a letter of intent to revoke his I-140, so he sent all the RFE. After 4 months processing the intend they still denied his I-140. with his I-140 denied we filed for an appeal with more evidences, but TODAY we received a letter of his I-140 denied, his appeal and the I-485 as well...

Here is my question.. I was a minor at the time when most of this happen.. Today I am 26 years old, got two American citizens kids, but because his process was denied they denied my I-485 as well.. so now i am being kicked out of the country.. is anything that anybody can help me or give me advice or Hope.. please i am desperate..

Is anything that I could file by my self. The letter says to file a motion to reopen with in 30 days? is it worth it? I am going to be deported right of way?

thanks and god bless you guys

No reply yet!!!!

Sent you a Private Message.

I am also from around Boston and used AC21 - but using a lawyer based in Virginia. If you need contact details - let me know I can send.

As long as they have valid visa, there should not be any problem entering after short gap outside USA.

I guess IO can object if this happens very frequently but in that case they will warn first rather than taking other action.

First, your friends father needs to find an employer who is willing to sponsor him for H1B and later for GC. Usually, all legitimate employers will have a host of immigration lawyers and counselors who will take care of things from that time onwards.

That said - now may not be the best time to try and find a job in US. Finding a H1B job (i.e. one that cant be filled locally) - is even more of a challange. I wish him best of luck.

If the person has relatives in US (is your "friend" a US citizen?) - then he may be able to "quickly" (1/2 years for immidiate relative, much more for others) immigrate using the family based immigration.

My company filed for PERM in September4,2007.Audited in October.reply was filed first week of November.Still no word on the PERM processing.My H1B visa expires June 30,2008.I have spent app. 7 weeks out of USA in the last six years.if I take a 3 week vacation out of the country can I extend my h1b visa to say September 15,2008(it will be 10 weeks total).And then be eligible for the 365 day rule for H1b extension.please reply.don't see too many options right now.

what info do you need to take to the office? gurus, can someone explain?

Hi,
My I797 and I94 expired on Sept 30 2009. I have applied for an H1B extension on Sept 26 2009 using premiuim processing.
H1B extension got denied on Oct 29, 2009 after we responded to an RFE on Oct 19.
RFE required me to provide Tax returns, company wage report and employment agreement.
Can any one suggest what are my available options.
How long I can stay in US?
My lawyer is still waiting for the denial letter for more details.

Thanks

Apply for MTR it will give some time.
There is no grace period for stay. But any thing less then 180 of overstay is excused based upon your difficulties. But if you cross 180 days then you cannot enter US for three year. (Search for three year ban)

I am currently working for big consulting firm, they hold my H1 and 485 is pending for more than 6 months. i have valid EAD from pending 485.

I am getting full time opportunity, my new employer is ready to transfer H1 as well as they are willing to accept me using EAD. so its entirely my preference.

can you please tell me adv/dis adv of using H1 over EAD or vice versa. (my 6 yrs of H1 will finish in another 6-7 months)

Thanks

If they are willing to process H1B, go w/ H1B. You will get 3 year extension since 140 is approved. Also, at the same time file for AC21. You are all set.

migstory@microsoft.com
Please kindly send your stories, to microsoft at this email address they sincerely requested to send July2nd personal stories, there is a huge drive for these stories so that the legal department at microsoft will take this plead to the congressman/senator, this is a serious plea. I am sending mine

It would be great if you would edit your post so that the address shows up as migstory(at)microsoft.com
It would be terrible if spambots got this address.

Hello,

Could anyone please suggest me a few consulting companies who can sponsor H1B visa? I am trying to bring my friend who is in India working for an automotive OEM. He was in Michigan for a while and he went back to India and it�s been almost more than 7 years since he left but now he wants to come back to Michigan.

If anyone knows any consultants in Michigan would be perfect since I already have a job lined up (verbally) through my contacts but I am not successful finding an employer who can sponsor H1B for him.

Thank you very much,
G.

Assuming you meet the requirements for E visa status as an employee and not an owner of the company, this is a viable strategy.
Thank you for your prompt reply. I'm not the owner of the Company. I just whished I didn't have to leave the Country to get another Visa.

AILA Leadership Has Just Posted the Following:


In an interview on David Letterman (http://www.youtube.com/watch?v=xpvNXPPOMr8), actor Robert Downey, Jr., talked about a problem he had last year in Japan, when upon entering he was detained and questioned about his past criminal record. Downey said: I probably should have seen there was a sign that said 'No Felons Allowed' in English and Japanese and I haven't had that expunged yet," he said. "You can actually get things expunged but I've been pretty busy. So I was detained, I was interrogated. It was a blast.


Haven't you settled up? Haven't you paid your debts? Letterman asked.

Clearly I haven't paid my debts to Japan, said Downey.


While I certainly feel somewhat bad for Mr. Downey, this short exchange gave the impression that nothing similar would ever happen in America! Hah!


U.S. Immigration Law contains restrictions that bar entry to people forever, for virtually any youthful indiscretion they have ever had, e.g. simple possession of a marijuana 20 years ago, without regard to whether or not you were actually convicted of the crime! You do not even need to have been convicted; the fact that you admit you did it will also get you barred from entry. Heck you will even be bounced (http://www.markshuttleworth.com/archives/43) from the United States after overstaying your visa for one day, leaving one day late, and then trying to come back in on that visa. Or, you will be detained and returned because the officer thinks you MIGHT be working (http://addxorrol.blogspot.com/2007/07/ive-been-denied-entry-to-us-essentially.html).




So, if you were watching David Letterman and thanking your lucky stars that America is far nicer to arriving tourists than Japan--think again!
https://blogger.googleusercontent.com/tracker/186823568153827945-8541560039624368703?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2009/12/robert-downey-jr-and-us-immigration.html)

excuse me if posting on wrong tread .

I saw strange messg on my I-485 while checking the status what does this mean.

Review of the fingerprints taken relating to this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS has been completed. Processing of this case continues. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our VERMONT SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
pls use descriptive titles when starting a new thread

Hi,

I am really confused about my current status.

I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.

I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.

Now, I am still in US. Is my status illegal?

Can you get second OPT doing a different Master's though you already had Master's. Did something change? The last I checked, you could get your second OPT only if you complete a higher degree like PhD than what you have.

Please advice. Thanks

Hi,

I am on H1 and may have to use EAD in couple of months. What would be the status of my son (he is on H4) if I use EAD? We filed 485 in July 2007.

Thanks,
ratsek

If you filed for I-485 for your son as well then he is in Adjustment of Status (AOS), otherwise he may be out of status once you start using your EAD. Talk to an attorney if you have not filed for AOS for your son and plan to use EAD.

I have filed I-485 as derivative on my spouse case with his PD of EB3 Dec2005 as his I-140 was also approved in july 2007. I have AP/EAD through it, but have never used them.

I am currently on H1B and just got my I-140 approved through my employer in EB2. My priority is Feb 2005 which is much earlier than his EB3 Dec 2005. The approved I140 has the same Alien # that I received through my pending AOS case filed earlier in july 2007..

Do you recommend filing I-485 again based on August bulletin now that my PD is current.

How does processing date working in tandem with Priority Date.

What is your take on multiple I-485 filing.

Another option will be utilize consular processing with your approved I-140 especially with your current PD.

You may not need to file another I-485. If you applied through lawyer -- ask your lawyer to interfile your and your spouse's I-485 with your approved EB2 I-140. It will save you time and money.

this is an attorney question. also this forum is for employment based green card issues. please check with ur attorney.

Can you please help me figure out how to calculate the eligibility for citizenship. If one married a US citizen. Obtained conditional residency, the temporary green card, then forgot to apply to remove conditions. So re-applied for green card, and was granted. The parties have been married 5 years. Will the initial 2 years spent as a conditional resident count towards the 3 years for the citizenship? Again, I want to stress out that after the initial 2 years in conditional permanent residency, forgot to remove conditions, and a new application for green card was needed. However this time the permanent green card was given. Or will she have to wait another 3 years from now on with the permanent green card until applying for the citizenship?

I appreciate any help.

'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf