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Does anyone know if you can file for I-485 on a B1/B2 or do you need to have an H4 status?

It seems to me, you are on a B1/B2 and are contemplating a marriage to a "485 current" green card benfeciary...and subsequently filing the 485 jointly with your would be other half...

The intention in a B class visa is very weak and its purpose very limited. It is best to not do anything while on the B visa, and relinquish the B status, then either re-enter on a stronger intent visa (H1/H4 or L1) and then file 485 or file the 485 from outside the country.

Any change of status from a B class visa is usually looked upon with a frown by the USCIS...

Even if you are not contemplating a marriage, but are already married for long but just happen to be in the US on a B Class visa, it is best to reliquish your B status, before doing anyting...

So, you are entitled to H-1 status through Sept. 2010. Most US consular officers would realize that the petition approval through Aug. 2011 is a mistake and either issue a visa valid only until 9/30/2010 or refuse to issue a visa until you obtain an amended petition approval with the correct validity date. If you do leave the US to go for visa stamping based on your current approval notice, there is a substantial risk that you will be stuck out for some time.

If it is essential that you be able to travel, my advise would be to have your current employer file an amended petition asking that the end date on the approval notice be changed to 9/30/2010. In that case, you will not be able to extend your H-1 status beyond 6 years unless both your labor cert. and I-140 are approved by 9/30/2010. Given current processing delays, this is unlikely.

Ann

I posted the same kind of question in murthy forum and I got a reply that education requirement is not needed once I140 is approved which determines EB2/EB3. So I guess we can port to any job which is similar/same. Don't take my word and do your own research for exact info.

Hi company A applied for my H1 in april 1st week.
they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
Another company is interested in filing my h1b.
what is the safest way to go about doing this.
should i let company B know that i filed with company A before.
Also will there be any problem in getting H1b approved because of my earlier filing
Thanks
Anand

I am in the similar situation, any advice will be greatly appreciated.

Thanks,
Matt.

I have been working for Company A which was bought under the Umbrella of a bigger parent. My company A still operates under the same name and is fairly independent.

The parent company bought another company B recently and have asked me move to B for business reasons in a similar role as with company A. Could I file a new GC with B and use my 10+ years experience with A to file for under EB2. I am currently under EB3-I category

It depends on how many cases that will be pending approval on October after the surge of applications this July and August.

I think it wouldn't be current for some countries specifically India and China.

Thanks for the reply
So, you mean they will use next year quota also for people filing in July and Aug

Hi I have H1 papers from my last extension valid until June 15.

I haven't traveled during this period but planning to visit India Between March20 and April 20. So I will have to visit US embassy for stamping.
Can someone please let me know the risk associated with going for stamping with H1 only valid for 2 months.

I am applying for an extension but I will not receive the extension papers until May and do not want to wait until then as this will be my last extension until Dec.

Please advice if its safe to go to US consulate in India for stamping with only 2 months validity on my H1.

Hi All,

My Parents are planning to come to US sometime in th month of Aug 08, and would return back to India in Nov 08. If they want to come back in Jan 09 will that be a problem. What is the time gap that is required for a visitor to re-enter US.

Thanks!!!

mine is march '07 and still waiting.................

My wife is currently in the US and since my PD is current we need to file her I-485. We are trying to self file and would like to know what documents do we need to provide to prove that she successfully fullfilled her 2 year home residency requirement (HRR). She left the US in January 15, 2006 and came back on H4 in February 8, 2008.

The fact that she was granted H4 visa implies that she has fullfilled the 2 year HRR but our attorney said that she needs to prove that my wife did indeed fullfill this requirement.

Has anyone been in this position?

Please advise.

Thanks in advance.

The stamps on the passport would show that!

Anyway, you can include your wife's paystub from the employer if she was working, university records if she was studying, etc., when she was outside USA. However, I am not sure if any of these is needed since the passport is sufficient for establishing her period of absence.

what is the purpose of this thread? :mad:

Hello Friends,

My AP is expired on December 9th 2008. I would like to renew my AP. Could you please provide the details on how to renew my AP? or Does it come as a new process instead of renewal?

Thanks

Whether apply for H1B renewal or apply for EAD or apply for both as a safer side ?

Renew your H1B and EAD - Use EAD when you a really need it.

hello,
Under certain circumstances, your International Student Advisor can grant a leave of absence for one semester for you. You need to get some paperwork from a doctor which will state that you can't attend college and why and for what reasons. However, this is not an easy case. Secondly, once you husband applies for I-130 based on marriage, this may violate your F-1 status as F-1 has purely non-immigrant intent and by filing I130 you show you intend to immigrate to the U.S.

I tried to help my friend to transfer to another school when he was on F-1. A month after he transferred to the new school, the IS Advisor told him that his F-1 status has been canceled in the SEVIS system. Later, through FOIA he learned it was due to I-130 petition filed by his wife on his behalf a few months earlier. Conicidently, they canceled his F-1 just after the I130 approval. Luckily, his wife became a US citizen just few months later and he adjusted status due to that.

I always advise to speak to an immigration attorney before taking any action. Thank you.

The American Immigration Policy Center issued an excellent Fact Sheet about H2A farm orkers and the need for reform.

The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.

Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.

According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.

Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)



More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)

I got a denial, now I am on the appeal process.

I paid premium processing, I dont know if that is the reason of the prompt response after request for evidence

Good Luck!

... and ideally it should be copy of your approved labor.

I applied my labor as Software Engineer and BEC approved it with a code of Mechanical Engineer. I got it changed, but took me a year though. They kept my change request until the end when they were ready to shutdown BEC.

Added it up :)

For those IV members who are not aware of this hearing:

There is a very important hearing scheduled on 4/30/08. Please check the status on this hearing at the following link. Let's keep our fingers crossed that this has an impact on the overall grand scheme

http://judiciary.house.gov/oversight.aspx?ID=435

Wednesday 04/30/2008 - 2:30 PM
2141 Rayburn House Office Building
Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
Hearing on Wasted Visas, Growing Backlogs

Is there audio/video webcast?

Attorney applied for my H-1b transfer in the first week of June'08 and I have still not heard back. How long does it typically take to receive Receipt Notice?

Your H1B is tied to your current company. If your new employer wants to hire you, they have to file a separate H1B for you.

So your answer should be. "I need H1B sponsorship to work."