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if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.

You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
Thanks vparam ! We will give this a try. Hope they give us an SSN.

I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
Check my signature for the details. USCIS seems to be working overtime.

http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:

NICE

Here is my $100

Paypal Receipt ID: 8D5173328S121125D

Come on everyone... donate a small percentage of your stimulus package.

Good Job elaiyam.

Here's the new cherry one...

This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".

Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.

The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?


Excellent points!

Actually this should DEFINITELY be a question to the Attorney in the next confernece call. What is the actual "law" on the H4s when you say you cannot work does it mean you cannot work for a US employer or yuo cant get paid inside the US?

Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.

I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.

This in from Ron Gotcher website....I guess they are reading our letters.....


Good news concerning AOS denials based on I-140 revocations

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__________________

Hi krishnam
I too have got I140 Approved already in Sept 05.
My concept was that once I140 is approved you are free. Employer cannot do anything.
After 140 approval can employer do anything to jeopardize the GC Process.
Anyway
2005 140 is approved.
2007 I left employer to work in non US Location. ( No US Income )
Was in good terms with him though.
2008- Re-joined him. and filed 485 in EB2. Its is pending .I got AP and EAD Already
Now I dont know what to do . I was expecting my GC in 1 years time. Now EB2 has retrogressed vey badly. I dont know what do do.
Currently I am back on my Prev. Employers H1 since 2008 . I have EAD and AP in hand. If I leave him and get a full time job ( which is preferred ) implicty invoking AC21 can he mess up my GC ?
Can you throw some light about how this works ?
Basically MY BIG PROBLEM is I might have to fight divorce case in India. So I want to plan something so I DON'T loose my job prospects in US ( I am overqualified for most jobs in my niche - Masters from US , and about 30+ Prof Certifications ) so getting it wont be problematic if laws remains same. If laws change to force shutdown of all H1b contracting , then I have NO Choice but roll over to a FT job invoking AC21.
PLEASE KINDLY ADVISE ME
Thanks
Sam

Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.

be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.

hmm no shootings now... I am venting my frustrations. You too can do.

I talked to the contact person at competeamerica.org

According to him They won�t vote on any immigration bills till after the election.

So it seems it will be after november only.

But look at the positive side. We have more time to contact the law makers.

Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.

Thanks a bunch again for listening to my rant!

I'm a July 2nd filer (EB3, ROW, PD Aug 2005) and I got my receipts, fingerprint notices and husband's EAD on Aug 23rd. Still no AP for either, and no EAD for me (but I'm the H1-B, so it could be worse... at least my husband now has a job! :D )
Heather

I called (First time in last 4 months) to TSC using POJ method to check how they are trying to process cases. I know it was a futile attempt but wanted to try my luck regardless.

Guess what? When you can't get through right away (which is never) you get put on hold in queue. Instead of background music you would get with any other wait in queue system - the message kept repeating every second - "Your estimated wait time is between 10-15 minutes"...

It annoyed the heck out of me and I hung up rather than hearing the message over and over again.

Since I have not called in past few months, I do not know if this is how it always worked or is this a recent change. As far as I recall, they did have background music which made it a little bearable to wait 10 minutes.

dude do not hang-up. It is just another innovative way by USCIS to check your patience. The message changes to 5-10 minutes and then someone does talk to you ... :)

Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....

there were only 4 fax sent , when i sent it yesterday. i am not sure if many sent in faxes and just did not pot. if not it is very important to send out this word. moderators what is plan of action?

^^^^

My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.

Thank you so much nefrateedi,

I feel a little bit relieved now.
I read now about Direct Filing....and I understood that if you apply after july 30...you can send the application either to Nebraska or Texas. Hopefully I'm right in this matter.

Thanks again

Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.

Thanks for the information.

Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.


Did you use your own attorney?

--Kiran

No one can file I-485 without the PD for that person is current in the visa bulletin.
You can replace your previous wife with a new wife at home, not with USCIS. !!!!!!!!!

Hi,

Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

Thanks

D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?