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About gc485process

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  1. gc485process

    EB-2 Green Card complication

    F1 is a bit tricky on out of status. Did uscis make the determination that your wife is out of status , or you are making that assumption based on what you think. For F1 unless a judge or uscis makes that determination of out of status, until then it is a grey area. And the determination is made on the current date not going back in time for F1. you should talk with an attorney
  2. gc485process

    Two I-485

    Yes you can file 485 based on your employment. No issues with filing second 485 but sooner or later USCIS will ask you which one your want to pursue . I guess they will merge both the cases into a single one at a later time before they approve. so they would definitely want to know which want one you want to pursue.
  3. gc485process

    Filling AOS with pending H4 extn and expired I-94

    She is not out of status. I second pontevecchio. You filed COS paperwork way before her current I-94 expired. as long as that petition is not denied she is still in status. you can file 485
  4. gc485process

    Please Help Need Advice

    Sounds like you need to get your company attorney involved here
  5. No one can guess when the case will be approved when the priority date is current. I have seen cases where it has taken forever to get approved after PD is current. but a good majority of cases do get approved in the month the case becomes current. I guess you can take an Infopass to see if there is any holdup for approval.
  6. gc485process

    Job change before or after I485 submission

    If you file I-485 there is a rule that you need to stay with the current employer for 180 days . After which you are allowed to change jobs and do porting. Alternatively you can just change to new employer now ,and start the new process again. Only con is that you will have to wait for your date to get current again. You are the best judge to weigh the pro's and con's of each option. Good Luck.
  7. gc485process

    Filing I-485 for family - Family in India

    Each has its pro and con. But at a high level. if you file 140/485 now along with family : How old is your daughter ? Daughter - She needs to be here and assuming she is < 21 once you file her 485 she automatically get protected under CSPA . No matter how long it takes to get approved her application / status is preserved. and she gets eligible for EAD and AP get the ability to travel without visa. . Spouse - best case would recommend spouse to be here to file for 485 and AP . So can travel as often as possible with AP without visa. Cons - You never know when dates go back or forward. If for some reason dates go forward and your 485 is approved while they are still in india. it will be take another xx years for your spouse and child to join you.
  8. gc485process

    H1B receipt number issue

    I second JoeF. lawyer should handle this if your employer has hired a lawyer to file the paperwork.
  9. gc485process

    H1B transfer...petition fedexed

    Looks like someone delayed here, given your I-94 expires on Sunday and the attorney filed on Friday it is unlikely you are maintaining status when the application reaches USCIS. what really matters is when it is received at USCIS and the receipt date in the uscis receipt notice. does not matter when it was fedexed. the attorney is paid so that it does not land you in such precarious situation. you should be prepared to leave the country and do consular processing for the h1b.
  10. gc485process

    H1-B Denied

    Since the second one is still pending you can continue to stay as long as the petition was filed before your end of the opt expiration date.
  11. gc485process

    Working remote part time on H1B

    You can have multiple H1 approvals and can work on more than one job. the key is that the main job terms and conditions are being met on a full time basis. I guess you need to find out from your employer if they allow part time work outside the current job. if you are working in a financial industry the answer is a straight NO. but no harm in asking. I don't see any issue here though as long as you work one job full time and meet the terms and conditions of that main one. I don't know about the concurrent H1B and how it works as mentioned by the other post
  12. gc485process

    H1b is under processing client offered me Full time.

    YES, You will have to wait for the change of status to complete to H1B. that would mean you need to submit the RFE from the current employer. Once the petition is approved then have your client attorney apply for a transfer and have the client take care of the rest
  13. sorry to hear. But your clock is ticking. you need to file for consular processing. take all docs and exit the country go to the consulate and get your h1b done . guess this is the fastest way. You have already started to accumulate unlawful presence since July . first step is to contact your attorney to see what they suggest though and follow their advice. if you need a lawyer may be try Murthy or some other immigration lawyer who can help you, if your company does not have one.
  14. gc485process

    H1-B Transfer Filing while I am not in US

    Most certainly you will not be getting a new I-94 and that you need to go out and get a new I-94. the reason being when someone submits the current I-94 for change of status or transfer. But the applicant travels outside and arrives back with a new I-94 while the transfer or change of status is pending, uscis for some reason does not see that,atleast that is how it worked in the past. so they would only approve the petition but the extension of stay is not approved. so the onus is on the applicant to go out and enter with a new I-94 to complete the process. In the past you could get some grace time. but not in todays environment
  15. gc485process

    H1B petition eligibility status

    need some missing information from you here. So you got the h1b stamped twice but never entered usa. is this for the same employer that you plan to work when you enter USA ? What is the current petition validity date until. If it is still has a date of validity into 2019 and beyond and you plan to work for that employer in USA and if you current visa is valid. just use that petition to enter the usa and provide it to immigration. Now if the petition has expired you can either apply for renewal and get a visa or simply apply for a new h1b with the new lottery.