desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
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saileshdude
06-25 12:55 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
As per this memo -
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
satyasaich
06-25 02:54 PM
Then why 'Americans' are NOT complaining on 'cheap' goods sold by walmart? Why you call that as 'great enterprise'?
Why 'Americans' are still clinging with beer bottles during weekends & glued to TVs only when the whole world is changing ?
Why 'Americans' are NOT complaining about 'cheap' foreign oil? Can you dare to think of $4/gallon?
My friend, wake up and recognise that world is more flat than you think.
Why you are NOT challenging the unisersity Boards about pay scales of their foot ball / basket ball coaches? Are they so special than professors? Coaches DO NOT produce future generation of engineers / doctors / economists/ teachers.
& you call that as 'lifestyle' watching and wasting and spending valuable time and money in the life as a student?
come on, be practical. you can be a sports fan but there is a line to draw
Why are you NOT challenging senators / congressman when they allow bail out of big banks with 'YOUR' tax money?
Please change the hat you are wearing and try to see the world.
OTE=oscarzumaran;1965481]It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.
It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?
Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.
This excuse will not work.[/QUOTE]
Why 'Americans' are still clinging with beer bottles during weekends & glued to TVs only when the whole world is changing ?
Why 'Americans' are NOT complaining about 'cheap' foreign oil? Can you dare to think of $4/gallon?
My friend, wake up and recognise that world is more flat than you think.
Why you are NOT challenging the unisersity Boards about pay scales of their foot ball / basket ball coaches? Are they so special than professors? Coaches DO NOT produce future generation of engineers / doctors / economists/ teachers.
& you call that as 'lifestyle' watching and wasting and spending valuable time and money in the life as a student?
come on, be practical. you can be a sports fan but there is a line to draw
Why are you NOT challenging senators / congressman when they allow bail out of big banks with 'YOUR' tax money?
Please change the hat you are wearing and try to see the world.
OTE=oscarzumaran;1965481]It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.
It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?
Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.
This excuse will not work.[/QUOTE]
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go_gc_way
06-01 03:55 PM
We have discussed this issue earlier on this forum.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
IV really wishes that this is possible but the truth is that when CIR has already been passed in the Senate, there is no way that Frist (or any other senator for that matter) will allow for the introduction of another immigration bill now.
So if we need to proceed with a legal immigrant's only bill, we will atleast have to wait till CIR dies. So don't get your hopes high now.
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
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krishmunn
03-27 09:06 PM
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
In the link which you provided , you are talking about Pakistan and now you say you are from India/Bangalore. That is the first thing whcih proves that you are fake.
And most important, India does not allow someone to enter without Passport (or a travel document from consulate).
Guys, ignore this. OP is either an anti or just trying to make fun
In the link which you provided , you are talking about Pakistan and now you say you are from India/Bangalore. That is the first thing whcih proves that you are fake.
And most important, India does not allow someone to enter without Passport (or a travel document from consulate).
Guys, ignore this. OP is either an anti or just trying to make fun
immi_enthu
09-27 04:04 PM
His Response:
Yes, it happens. However, they two will be combined eventually.
----- Original Message -----
Sent: Monday, September 17, 2007 12:40 PM
Subject: Different Alien Registration Numbers on approved I 140 and 485
receipt notice
My question:
>
> I have two different Alien Registration Numbers in my I 140 and 485
> receipt notice. Do I need to worry about it ?
>
> Thanks-
Very vague response. When I asked if there will be any delay due to this, no response so far.
Yes, it happens. However, they two will be combined eventually.
----- Original Message -----
Sent: Monday, September 17, 2007 12:40 PM
Subject: Different Alien Registration Numbers on approved I 140 and 485
receipt notice
My question:
>
> I have two different Alien Registration Numbers in my I 140 and 485
> receipt notice. Do I need to worry about it ?
>
> Thanks-
Very vague response. When I asked if there will be any delay due to this, no response so far.
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deba
09-09 10:28 PM
Nothing surprising here. I have yet to hear about one desi employer who has not exploited H1b. The system is set up to favor the employer. Employees hardly have a choice. Those in favor of increasing the quota should also lobby for complete portability without any penalty to keep the system fair.
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $600 so far + $300 for rally
EB2 India PD 03/05
I140 09/07
I485 07/07
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abhijitp
02-14 05:06 PM
Great to see this thread... gotta keep it on top!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
TOGETHER, WE SHALL BRING HOME THE TROPHY!
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snathan
05-19 03:06 PM
I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
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snathan
04-20 12:40 AM
Hi Guys,
I got the good news to share every one. got the approval . its wonderful
On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me
I got the good news to share every one. got the approval . its wonderful
On 04/12/2009 it was denied and how come its approved on 04/18/2009. Are you kidding me
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vnsriv
08-14 04:17 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.
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Mohit_Malkani
02-25 04:12 PM
Guys,
The I140 processing dates for VSC show as 1 April 2006 and have been the same atleast for the last 1 year. I called customer service but couldnt get a straight answer from them - the standard bs about RD being well within standard processing times etc. Anyway, does anyone have an idea about this issue???
:mad::mad:
The I140 processing dates for VSC show as 1 April 2006 and have been the same atleast for the last 1 year. I called customer service but couldnt get a straight answer from them - the standard bs about RD being well within standard processing times etc. Anyway, does anyone have an idea about this issue???
:mad::mad:
more...
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Munna Bhai
04-27 11:41 AM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
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sieger007
05-17 11:20 PM
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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topman123
06-21 02:33 AM
Not sure why this is getting rejected...
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jonty_11
07-14 02:01 PM
Hopefully so..Thanks
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
no...They make mistakes..I received an already expired EAD card...so Please call and you do have to reapply.....byt within 120 days of te new EAD you got....right in BOLD about the error so they dont repeat it.
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yabadaba
06-22 09:43 AM
any responce
if u have tb... u have bigger problems than 485
if u have tb... u have bigger problems than 485
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ksahmed
11-15 04:31 PM
Service Center NSC
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
I-131
Primary Applicant:
10/22: Soft LUD
11/6: Document Mailed
11/7: Document Mailed (Soft LUD)
11/15: Phisically Received (The AP says I-131 was approved on 10/22)
Secondary Applicant
10/12: Soft LUD
10/31: Document Mailed
11/1: Document Mailed (Soft LUD)
11/6: Phisically Received (The AP says I-131 was approved on 10/12)
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cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
dazed378
04-07 09:41 PM
A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
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